Kuddus Safi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23660 of 2019 Arising Out of PS. Case No.-985 Year-2017 Thana- COMPLAINT CASE District- Supaul ====================================================== KUDDUS SAFI S/o Hasib Safi Resident of Village- Pratapnagar, P.S.- Chhatapur, District- Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rubeda Khatoon W/o Kudus Safi, D/o Issa Safi At present of Village- Pipra Khurd, P.S. and District- Supaul.

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-03-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 985(C)/2017 registered for the offences punishable under Sections 498A/354b/379/380/504/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

It has been submitted by learned counsel for the opposite party No. 2 that the opposite party No. 2 has died. Considering the facts and circumstances, the prayer of

Patna High Court CR. MISC. No.23660 of 2019(13) dt.21-03-2022 2/2 the petitioner for grant of anticipatory bail is allowed. Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, 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, IV, Supaul, in connection with Complaint Case No. 985(C)/2017, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. If the petitioner is granted bail by the Court below, the court below shall first consider the fact whether this case will continue or not in view of the death of the complainant. The same should be decided within two weeks after the bails bond is furnished so that the parties are not harassed unnecessarily. With the aforesaid direction and observation, the present application for anticipatory bail is allowed. (Sandeep Kumar, J) Saif/- U T