Khurshid Alam @ Md. Khurshid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28521 of 2020 Arising Out of PS. Case No.-23 Year-2020 Thana- MAHILA P.S. District- Araria ====================================================== KHURSHID ALAM @ MD. KHURSHID Son of Md. Jabbar Mansuri Resident of Village - Kursakanta, Ward No.- 5, P.S.- Kursakanta, District - Araria ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Najmin Daughter of Moharram Resident of Village - Bageshwari, Ward No. 8, P.S.- Jokihat, District - Araria.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha, Advocate For the State :

Ms. Meena Singh, A.P.P.

For the Informant :

Mr. Jubair Ansari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-02-2021 Heard learned counsel for the petitioner, learned counsel for the informant as well as learned A.P.P. for the State. Petitioner, in the present case, is seeking pre-arrest bail in connection with Araria (Mahila) P.S. Case No. 23/2020 (G.R. No. 738/2020) registered for the offences under Section 498(A), 341, 323, 354(B)/34 of the Indian Penal Code and 3⁄4 of the D.P. Act.

Earlier when the matter was taken up for consideration, learned counsel for the petitioner as well as learned Opposite Party No. 2 expressed their desire as per instruction to amicably resolve the issues.

Today this court has been informed that the petitioner had gone to the place of opposite party no. 2 and has brought

Patna High Court CR. MISC. No.28521 of 2020(4) dt.12-02-2021 2/3 her back to his matrimonial home where she is living peacefully and the parties wanted to live their conjugal life together. In the aforesaid view of the matter, learned A.P.P. for the State has not much to say.

In the given facts and circumstances, this Court directs that the petitioner above-named, in the event of his arrest or surrender within a period of four weeks from today in connection with Araria (Mahila) P.S. Case No. 23/2020 (G.R. No. 738/2020) be released on provisional bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India

Patna High Court CR. MISC. No.28521 of 2020(4) dt.12-02-2021 3/3 without the previous permission of the Court. And further condition that after a period of two months they would appear before the learned court below and on being satisfied the learned court below shall confirm bail bond of the petitioner.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.