Taiyab Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15656 of 2022 Arising Out of PS. Case No.-183 Year-2021 Thana- RAXAUL District- East Champaran ====================================================== Taiyab Mian Son of Wakil Mian Resident of Village - Jokiyari, P.S.- Raxaul, District - East Champaran ... ... Petitioner/s

Versus

1. The State of Bihar

2. Subaida Khatoon, W/o-Taiyab Mian, Resident of Village - Jokiyari, P.S.- Raxaul, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 504, 506, 498(A) and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that in compliance of the order dated 20.09.2022, notices were filed, it is next submitted that from the service report it would manifest that Opposite Party No.2 has received the notice but refused to give receipt.

Learned counsel for the petitioner submits that petitioner is willing to keep the informant/Opposite Party No. 2 with dignity and honour, it is also submitted that being husband he has been implicated in the present case when allegations are

Patna High Court CR. MISC. No.15656 of 2022(3) dt.01-12-2022 2/2 also general and omnibus in nature, it is next submitted that despite receiving notice, Opposite Party No.2 has chosen not to contest or oppose the anticipatory bail application of petitioner as no one has appeared on her behalf. Learned counsel further submits that he has instructions to make submission that petitioner will never give any chance to the informant again on account of which any case would be instituted and is still willing to keep her with dignity and honour.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raxaul P.S. Case No. 183 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T