Md. Madani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51513 of 2021 Arising Out of PS. Case No.-741 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== MD. MADANI Son of Late Ziyaul Haque Resident of Village - Khwaza Nagar, Damdampur, Salmari, P.S.- Azamnagar, Distt.- Katihar. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Ranjan, Adv For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Considering the background and nature of allegation of commission of offence under Section 498A of the Indian Penal Code, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on provisional anticipatory bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the

Patna High Court CR. MISC. No.51513 of 2021(2) dt.07-12-2021 2/2 case is pending in connection with Complaint Case No.741 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned court below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall attend the Court on each and every date till confirmation of provisional bail. (d) The Court-below shall notice both the parties for amicable settlement and if the petitioner would be found cooperative; the Court-below shall confirm the provisional bail.

The learned court below shall examine whether opposite party No.2 ever married with the petitioner or not as the petitioner has denied marriage with her. Accordingly, this application stands disposed of. (Birendra Kumar, J) Nitesh/- U T