Md. Anwar @ Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10833 of 2022 Arising Out of PS. Case No.-30 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== 1.

Md. Anwar @ Anwar S/O- Sajjad Resident Of Village - Baturbari, P.S. - Tarabari, District - Araria.

2.

Md. Arif @ Arif S/O- Zainuddin Resident Of Village - Baturbari, P.S. - Tarabari, District - Araria.

3.

Md. Imran @ Imran S/O Md. Shakil Resident Of Village - Baturbari, P.S. - Tarabari, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-11-2022 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 376(D) and 506 of the Indian Penal Code and Section 4 of the D.P. Act. Allegedly, it is a case of torture and gang rape upon the prosecutrix by her in-laws and others because she could not meet out the demand of dowry made by the husband and in-laws of the informant.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He

Patna High Court CR. MISC. No.10833 of 2022(5) dt.21-11-2022 2/2 further submits that both parties are family members of the informant and the informant is wife of co-accused Faizan and thereafter good sense has prevailed between the parties and they entered into compromise and the same fact has been asserted by respective counsels of both the parties which is available at Annexure-2 to the present petition. Petitioners have clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail and submitted that the petitioners are directly involved in the said offence.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Araria in connection with Mahila P.S. Case No. 30 of 2019 (G.R. No.1186 of 2019), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T