Md. Payaru @ Md. Piyaroo @ Md. Pyaru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20320 of 2021 Arising Out of PS. Case No.-1731 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== 1.

Md. Payaru @ Md. Piyaroo @ Md. Pyaru Son Of Md. Subhan R/O VillageLakhno, P.S.- Chakand, District- Gaya. 2.

Khalika Khatun @ Khalida Khatoon @ Misroon Khatoon Wife Of Md. Pyaru @ Md. Payaru R/O Village- Lakhno, P.S.- Chakand, District- Gaya. 3.

Shabana Bano @ Shabana Khatoon Wife Of Shoeb Akhatar @ Md. Munna R/O Village- Lakhno, P.S.- Chakand, District- Gaya. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shams Alam For the Opposite Party/s :

Mr. Manish Kumar No. 2 APP For the informant : Mr. Avinash Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioners and the State through virtual mode.

The petitioners are apprehending their arrest in a case registered under Sections 323, 384, 498A, 504, 506 of the

2/4 Indian Penal Code.

Allegation against the petitioners is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case due to petty family dispute. The petitioner Nos. 1, 2 & 3 are father-in-law, mother-in-law and sister-in-law of the complainant respectively. The offences are triable by the Magistrate. The petitioners have relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioners are named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the

3/4 present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioners, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Gaya Complaint Case No. 1731 of 2016, Tr. No. 1503 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

The petitioners are directed to co-operate during the trial. If the petitioners do not co-operate during the trial, the court below will be at liberty to cancel the bail bonds of the petitioners.

If so advised, either of the parties will be at liberty to make an application before the Court below for referring the

4/4 matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T