Ali Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52127 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- COMPLAINT CASE District- Araria ====================================================== ALI KALAM S/o Late Saful @ Safur R/o village- Dhowa Bari (Dahua Bari), Ward No. 13, P.S.- Kursakanta, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Jainab Khatoon W/o Ali Kalam R/o village- Dahua Bari (Dhowabari), Ward No. 13, P.S.- Kursakanta, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhav Jha,Adv For the Opposite Party/s :

Mr.Nitya Nand Tiwary,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 Sections 498(A) of the Indian Penal Code.

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

Patna High Court CR. MISC. No.52127 of 2021(2) dt.07-12-2021 2/2 Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No.150c of 2020, 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.

Accordingly, this application stands disposed of. (Birendra Kumar, J) Nitesh/- U T