Md. Suhail Akhtar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12276 of 2017 Arising Out of PS.Case No. -1 Year- 2015 Thana -JEHANABAD COMPLAINT CASE DistrictJEHANABAD ====================================================== Md. Suhail Akhtar, Son of Amiruddin, Resident of village - Sahar, P.S. Sahar, District - Bhojpur at Arrah .... .... Petitioner/s
Versus
1. The State of Bihar
2. Minnat Parvin, Wife of Md. Suhail Akhtar, Daughter of Late Naziruddin, Resident of village - Parasi, P.S. Parasi, District - Arwal (Bihar ) .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate. For the complainant : Mr. Sanjay Kumar Sharma, Advocate. For the Opposite Party/s : Dr. Kumar Uday Pratap, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Complaint P.S. Case No. 1 of 2015 instituted for the offence under Sections 147, 149, 323, 379, 498A, 504/34 of the Indian Penal Code and Sections 3/4 of Dowry Prohibition Act..
Learned counsel for the petitioner has submitted that matter was earlier sent to Mediation Centre where the dispute has been resolved between both husband and wife by mutual agreement arrived at between them. The wife is now living with her husband (petitioner). The memorandum of agreement between husband and wife has been enclosed with the report of the Mediator.
Learned counsel for the Opposite Party No. 2 has
Patna High Court Cr.Misc. No.12276 of 2017 (11) dt.21-05-2018 2/2 appeared and submitted that both parties are living together. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Complaint Case No. 1 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Kishsore Kunal, learned Judicial Magistrate 1st Class, Arwal, subject to the conditions as laid down under Section 438
(2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.Ali/- U T