Md. Asgar Alam @ Asgar Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34860 of 2017 Arising Out of PS.Case No. -224 Year- 2016 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Md. Asgar Alam @ Asgar Alam Son of Khalilur Rahman, Resident of Village- Singhia, P.S. Bahadurganj, District Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Asmera Begum, Wife of Md. Asgar Alam @ Asgar Alam, D/o Hasibur Rahman, Resident of Village- Singhia, P.S. Bahadurganj, District Kishanganj. At present Resident of Village- Dahibhat, P.S. Dighalbank, District- Kishanganj.

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

For the Petitioner/s : Mr. Amal Kumar Sinha For the Opposite Party/s : Mr. Mr. Manoj Kumar ======================================================

CORAM:

HONOURABLE MR.

JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-08-2017 Heard the parties.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 224C of 2016, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner is the husband of the opposite party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.34860 of 2017 (2) dt.11-08-2017 2/3 petitioner is ready to keep opposite party No. 2 with full love and dignity.

There is no reason for this Court to feel that if the petitioner granted the privilege of anticipatory bail, he shall flee from the course of investigation or trial. It is submitted on behalf of the petitioner 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 submissions advanced on behalf of the petitioner, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 224C of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner

Patna High Court Cr.Misc. No.34860 of 2017 (2) dt.11-08-2017 3/3 shall present himself/herself before the police/Court, as the case may be, as and when required and in the event of failure on his/her part to appear before the Court on two consecutive occasions, his/her bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Praveen-II/- U T