Shahabuddin @ Md. Shahabuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13925 of 2017 Arising Out of PS.Case No. -484 Year- 2002 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Shahabuddin @ Md. Shahabuddin Son of Late Md. Imamuddin, Resident of Mohalla- Raham Khan, P.S.- Laheria Sarai, District- Darbhanga. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Hazra Khatoon, Wife of Zeyauddin, Resident of Mohalla- Raham Khan, P.S.- Laheria Sarai, District- Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Shahnawaz Ali For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Complaint Case No. 484 of 2002 instituted for the offence under Section (s) 147, 323, 380, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It has been submitted that petitioner is Dewar of the complainant.

From the written report, it appears that there is general and omnibus allegation against this petitioner. It has further been submitted that since further proceeding was stayed by this Court in Cr. Misc. No. 3475 of

Patna High Court Cr.Misc. No.13925 of 2017 (2) dt.24-03-2017 2/2 2003, the petitioner did not earlier file anticipatory bail petition, but now the aforesaid petition has been dismissed for default and thereafter the instant petition has been filed on behalf of the petitioner.

From the written report, it appears that there is no allegation of any overt act against this petitioner. In the facts and circumstances of the case, the prayer of the petitioner for anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, above named, within six weeks from today in connection with Complaint Case No. 484 of 2002, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Darbhanga, subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Sanjay Priya, J) Shageer/- U T