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Patna High CourtCR. MISC./34170/2017bail granted

Ziaul Qumer @ Ziaur Quamar v. State Of Bihar And ANR

2017-08-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34170 of 2017 Arising Out of PS. Case No.-273 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Ziaul Qumer @ Ziaur Quamar, son of Late Wajhul Qumer, resident of mohalla Madhopara, Police Station K. Hat, district Purnea, previously residing at mohalla Darzi Tola, Police Station Banmankhi, district Purnea ... ... Petitioner/s

Versus

1. The State Of Bihar Mehjabeen Ara, wife of Ziaul Qumer, daughter of Md. Ishaque Ansari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Ehteshamuddin For the Opposite Party/s :

Mr. SRI ATAUR RAHMAN ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Forbesganj Police Station Case No. 273 of 2017, disclosing offence under Sections 498A, 323, 504 and 506 of the Indian Penal Code.

The petitioner is the husband of the informant. 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 investigation or trial.

Patna High Court Cr.Misc. No.34170 of 2017(3) dt.11-08-2017 2/2 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 submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Ziaul Qumer @ Ziaur Quamar, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 connection with Forbesganj Police Station Case No. 273 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

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 below on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √