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Patna High CourtCR. MISC./35330/2017bail granted

Md. Rehan @ Md. Raiyan Alam @ Md. Raiyan v. State Of Bihar And ANR

2017-08-17Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35330 of 2017 Arising Out of PS.Case No. -243 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. MD. REHAN @ MD. RAIYAN ALAM @ MD. RAIYAN, Son of Md. Samim, Resident of Village- Pathraha, Ward No. 6, P.S.- Ghurna (Narpatganj), Dist.- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Rubina Khatoon, Wife of Md. Rehan, Daughter of Late Julfikar, Resident of Village Ghuski, Ward No. 7, P.S. Diwanganj, Dist. Sunsari (Nepal).

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-08-2017 Heard learned counsel for the parties.

This application for grant of anticipatory bail arises out of Narpatganj P.S. Case No. 243 of 2017, disclosing offence under Sections 341,323, 498A of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Petitioner is the husband of the complainant. Learned counsel for the petitioner submits that the petitioner is ready to keep the complainant with full honour, love and dignity.

It is evident from the materials on record that matrimonial discord between them is the root cause for

registration of the First Information Report. No purpose will be served, if the petitioner is taken into custody. It is submitted that the petitioner shall present himself before the police 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 submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, 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 the learned Chief Judicial Magistrate, Araria in Narpatganj P.S. Case No. 243 of 2017, subject to the conditions as 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 Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U