Md. Mir Sahab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42827 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- MAHILA P.S. District- Purnia ====================================================== Md. Mir Sahab, S/O Md. Isuf @ Isuf, resident of Lavar Badi, Gurhi, P.SKasba, District - Purnea. ... ... Petitioner
Versus
1. The State of Bihar.
2. Nihara Begum, daughter of Md. Kasim, Resident of Middipur, Purnea City, P.S.- Sadar, District- Purnea.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Sarveshwar Tiwary, APP For the Opposite Party :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-04-2022 Heard learned counsel for the parties.
Learned counsel for the petitioners is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
This application for anticipatory bail arises out of Mahila P.S. Case No. 33 of 2020 for the offence punishable under Sections 341, 323, 498-A, 379, 506/34 of the Indian Penal Code and under Section 3/4 of Dowry Prohibition Act. It has been submitted by learned counsel for the petitioner that the parties have entered into a compromise and a supplementary affidavit has been filed in support of the compromise.
Considering the aforesaid facts, this bail application is allowed.
Patna High Court CR. MISC. No.42827 of 2021(5) dt.21-04-2022 2/2 Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Purnea, in connection with Mahila P.S. Case No. 33 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
However, at the time of accepting the bail bonds of the petitioner, the Court below shall verify from the opposite party no.2 about the genuineness of the compromise. If the opposite party no.2 supports the compromise then, the bail bonds of the petitioner shall be accepted by the Court below. If the opposite party no.2 does not support the compromise, in such a situation, the Court below shall not accept the bail bonds of the petitioner and he shall be taken into custody. (Sandeep Kumar, J) pawan/- U T