Md. Irshad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Cr. Misc. No. 21431 of 2020 ====================================================== Md. Irshad Ansari, son of Md. Muslim Ansari, R/o village-Mohalla-Aajad Mohalla, Bhadauni, P.S.-Nawada Town, District-Nawada. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Birendra Kumar, Advocate For the Respondent State:

Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-07-2020 Heard Mr. Birendra Kumar, learned counsel appearing on behalf of the petitioner and Mr. Madhuranand Jha, learned Additional Public Prosecutor, for the State of Bihar. This application for grant of anticipatory bail arises out of Nawada Town P.S. Case No. 1339 of 2019, registered for the offence punishable under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code.

The petitioner is brother of the husband of the informant. The informant has alleged that she had been maltreated by her in-laws and on the alleged date of occurrence, she was thrown out of her matrimonial house by the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that apparently there is matrimonial dispute between the informant and her husband and that the petitioner

has been named only because of his relationship with the husband of the informant.

Be that as it may, considering the factual background and nature of allegation as emerging from the First Information Report, 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 C.J.M., Nawada, in Nawada Town P.S. Case No. 1339 of 2019, 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.

It is indicated that defect, if any, shall be removed within two months.

Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the

course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.

(Chakradhari Sharan Singh, J) Pawan/- U T