Md. Zayauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29103 of 2014 Arising Out of PS.Case No. -39 Year- 2012 Thana -PIRBAHOR District- PATNA ====================================================== Md. Zayauddin son of late Abdul Jalil Resident of village Singhara, P.S. Maner, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Zeenat Shakeel, daughter of Mr. Shakeel Ahmad, r/o. Qutubddin Lane, Dariyapur, P.S. Pirbhore, Patna.

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

For the Petitioner/s : Mr. Syed Qaisar Hasan,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-12-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 498A of the Indian Penal Code and Section 3 and 4 of the D.P. Act registered in connection with Pirbhore P.S. Case No. 39 of 2012.

3. It is submitted that the petitioner has been falsely implicated. It is further submitted that the dispute between the parties has been resolved in terms of a 'Majmun Ekrarnama' (Annexure-2).

4. Despite issuance of notice none appears on behalf of OP No. 2.

Patna High Court Cr.Misc. No.29103 of 2014 (5) dt.09-12-2015

5. Having regard to the entirety of the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner by order dated 08.12.2014 pending in the Court of learned Judicial Magistrate, Patna in connection with Pirbhore P.S. Case No. 39 of 2012 is hereby confirmed subject to the following further conditions: (i) The petitioner shall cooperate with the investigation and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioner shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T