Patna High CourtCR. MISC./75812/2018disposed

Md. Afzal v. State Of Bihar And ANR

2019-03-14Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75812 of 2018 Arising Out of PS. Case No.-1822 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Md. Afzal s/o Md. Nasim r/v-Gagipur, P.S.-Bathnaha District - Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Nargis Khatoon w/o Md. Afzal D/o Md. Jafar at present residing at villGopalpur (Muraul), P.S.-Bajpatti, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Abhay Kumar - 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-03-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest for the offence alleged under Section 498A and 34 Indian Penal Code registered in connection with Complaint Case No. C1/1822/17.

3. It is submitted that the petitioner has been falsely implicated. In any event after filing of the complaint on 04.09.2018, the parties entered into a settlement and filed a joint petition before the learned Sessions Judge, Sitamarhi that the parties would live separately and the petitioner had made one time settlement payment of Rs. One lakh to the complainant.

4. Learned counsel for the complainant appears.

5. Be that as it may, having regard to the entirety of

Patna High Court CR. MISC. No.75812 of 2018(3) dt.14-03-2019 2/3 the facts and circumstances, in the event of petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the abovenamed petitioner be released on provisional anticpatory bail, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Complaint Case No. C1/1822/2017, subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) The petitioner shall remain present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

6. The provisional bail granted to the petitioner shall be confirmed by the learned court below upon verification that the parties had entered into compromise for living separately and the petitioner has made payment of Rs. One lakh to the

Patna High Court CR. MISC. No.75812 of 2018(3) dt.14-03-2019 3/3 complainant in terms of the joint compromise petition dated 03.10.2018 (Annexure-2).

(Vikash Jain, J) vinita/- U T