Patna High CourtCR. MISC./33850/2016bail granted

Md. Ishtiyaque @ Md. Istiyaque v. State Of Bihar And ANR

2016-08-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33850 of 2016 Arising Out of PS.Case No. -108 Year- 2016 Thana -RANIGANJ District- ARRARIA ====================================================== Md. Ishtiyaque @ Md. Istiyaque S/O Md. Sahrab resident of Village Mahsaili Gidhwas, P.S. Raniganj, District Araria. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Afsana Khatoon W/O Md. Istiyaque resident of Village Mahsaili Gidhwas, P.S. Raniganj, District Araria.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 16-08-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 494, 498A, 307, 120B, 506 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The basic accusation is of torture for nonfulfillment of the dowry demand and performing second marriage. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant and issue has been resolved. The informant is residing with the petitioner.

Patna High Court Cr.Misc. No.33850 of 2016 (2) dt.16-08-2016 2/2 Counsel for the informant Mr. Pankaj Kumar Jha does not controvert the contention of the petitioner and admits that a compromise petition has been filed before the learned court below. The same has been brought on record as Annexure-2. Hence, the informant is not opposing the prayer for bail of the petitioner.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 108 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) DKS/- U T