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Patna High CourtCR. MISC./37216/2019disposed

Md. Reyaz Alam @ Md. Raju v. The State Of Bihar

2019-09-04Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37216 of 2019 Arising Out of PS. Case No.-121 Year-2015 Thana- MUNGER MUFFASIL District- Munger ====================================================== Md. Reyaz Alam @ Md. Raju, S/o Sheikh Yunus, R/o Village- Mubarakchak, P.S.- Muffasil, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar For the Opposite Party/s :

Mrs. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-09-2019 Heard learned counsels for the petitioner and the State.

The petitioner, being the elder brother of the husband of the informant has renewed his prayer for anticipatory bail in connection with Muffasil P.S. Case No. 121 of 2015, registered for the offences punishable under Sections 341, 323, 328, 307, 504, 506 and 498A/34 of the IPC and Sections 3/4 of the Dowry Prohibition Act, pending in the Court of learned Chief Judicial Magistrate, Munger.

It is alleged in the FIR that the informant's husband and the petitioner, being the brother of the husband of the

Patna High Court CR. MISC. No.37216 of 2019(3) dt.04-09-2019 2/3 informant forcefully administered poisonous substance in the mouth of the informant.

Learned counsel for the petitioner submits that though earlier anticipatory bail application of the petitioner was disposed of with a direction to the petitioner to surrender before the learned Court below and pray for regular bail, but since issue has now been reconciled between the informant and her husband and they are residing together, which also gets reflected from the order dated 31.10.2018, passed in Maintenance Case No. 72 of 2015, as contained in Annexure-3, hence the prayer for grant of anticipatory bail has been renewed. Considering the fact that earlier anticipatory bail application of the petitioner was disposed of vide order dated 01.09.2016, passed in Cr. Misc. No. 23772 of 2016 and the petitioner has renewed his prayer for anticipatory bail in the year 2019, this Court is not inclined to interfere.

However, learned Court below may consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks, keeping in view of the fact that chargesheet has already been submitted and the issue between the informant and her husband has been reconciled and if possible, dispose of the regular bail application preferably on the same day.

Patna High Court CR. MISC. No.37216 of 2019(3) dt.04-09-2019 3/3 Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T