Md. Masood Abbas @ Masood Abbas @ Tipu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26034 of 2022 Arising Out of PS. Case No.-1217 Year-2020 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Masood Abbas @ Masood Abbas @ Tipu Son Of Late Md. Abbas Ansari R/O Mohalla- Mahfooz Hussain Lane, Rekabganj, P.S.- Tatarpur, DistrictBhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Zeba Warsi @ Chandani D/O- Md. Samul Warsi, W/O- Md. Masood Abbas @ Tipu R/O Mohalla- Ahmad Colony Ganichak, P.S.- Mojahidpur, DistrictBhagalpur ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Pravin Kumar Sinha, Adv.

For the Opposite Parties :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 498A/34 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the

Patna High Court CR. MISC. No.26034 of 2022(2) dt.14-11-2022 2/3 petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner is husband of the complainant. All the offences are triable by the Magistrate. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Bhagalpur in connection with Complaint Case No. 1217 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If so advised, either of the parties will be at liberty to make an application before the court below for referring the matter to the District Mediation Centre for the purpose of

Patna High Court CR. MISC. No.26034 of 2022(2) dt.14-11-2022 3/3 reconciliation or one time settlement.

(Sudhir Singh, J) A.K.V.//- U T