Imamuddin Miyan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20583 of 2017 Arising Out of PS.Case No. -1741 Year- 2011 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Imamuddin Miyan Son of Noor Mohammad Mian a resident of Village - Parauli, P.S. - Basantpur, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rokhsana Khatoon Wife of Imamuddin Miyan, D/o - Mainuddin Miyan a resident of Parauli, P.S.- Basantpur, District Siwan at present - Kawalpura, P.S. - Mashrak, District - Saran.

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

For the Petitioner/s : Mr. Harish Kumar For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 1741 of 2011, disclosing offences under Section 498A of the Indian Penal Code. The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity.

There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.

Patna High Court Cr.Misc. No.20583 of 2017 (3) dt.13-07-2017 2/2 It is submitted that the petitioner shall present himself before the Court as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Imamuddin Miyan, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Saran, at Chapra, in connection with Complaint Case No. 1741 of 2011, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √