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Patna High CourtCR. MISC./32966/2019bail granted

Ishtiyaque Hasan @ Md. Danish v. The State Of Bihar

2019-05-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32966 of 2019 Arising Out of PS. Case No.-411 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

ISHTIYAQUE HASAN @ MD. DANISH Son of Md. Jawed Resident of Buxi Akhara, Lodi Katra,P.O- Jhauganj , P.S.- Khajekalan, Distt - Patna. 2.

Md. Jawed Son of Maqsood Hasan Resident of Buxi Akhara, Lodi Katra,P.O-Jhauganj, P.S.- Khajekalan, Distt - Patna. ... ... Petitioners.

Versus

1.

THE STATE OF BIHAR 2.

Afsha Parveen W/O-Ishtiyaque Hasan @ Md.Danish,D/O-Md.Mazhar Hussain Resident of Village-Jethuli,Kacchi Dargah,Maujipur,P.OJethuli,P.S-Fathuha, Distt-Patna ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioners :

Mr. Sunil Kumar Singh, Advocate.

For the State :

Mr. Aditya Narayan Singh-1, A.P.P.

For the O.P. No.2 :

Mr. Md. Azimuddin, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2019 Let the vakalatnama filed on behalf of the opposite party no.2 be kept on the record.

Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioner apprehend their arrest in connection with Complaint Case No.411 © of 2017 registered under Section 498(A) of the Indian Penal Code besides Section 4 of the Dowry Prohibition Act.

The accusation is of torturing the opposite party no.2 by her husband (petitioner no.1) and other in-laws for non fulfillment of

Patna High Court CR. MISC. No.32966 of 2019(2) dt.21-05-2019 2/2 the dowry demand and removing her from the matrimonial house by snatching her all personal belongings.

Learned counsel for the petitioners submits that the dispute in between the petitioners and the opposite party no.2 has already been settled outside the court and the petitioner no.1 and the opposite party no.2, who are husband and wife, have decided to lead their life independently.

Learned counsel for the opposite party no.2 submits that he has no objection in allowing the prayer of the petitioners for grant of privilege of pre-arrest bail.

Having considered the facts and the circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender by them within six weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Patna City, Patna, in connection with Complaint Case No.411 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T