Irfan Jama Khan @ Irfan Zaman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44035 of 2019 Arising Out of PS. Case No.-302 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== IRFAN JAMA KHAN @ Irfan Zaman Khan Son of Ahshan Jama Khan Resident of Village - Makan No.5/1357 Shivpur Chupapepur Jail Road Post Shivpur Thana Kulti Dist.- Varanasi.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Farida Khanam Wife of Irfan Jama Khan @ Irfan Zaman Khan, D/o Irshad Ahmed Khan Resident of Village - Ansarganj, P.S.- Sasaram, Dist.- Rohtas, M- 9431043642 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rudal Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 17-06-2020 Heard the learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

This application for anticipatory bail arises out of Complaint Case No.302 of 2018, disclosing offences under Sections 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

The petitioner is the husband of the complainant.

It appears from the order-sheet that while granting the petitioner provisional bail by an order

Patna High Court CR. MISC. No.44035 of 2019(5) dt.17-06-2020 2/3 dated 17.07.2019, the matter was referred to Patna High Court Mediation Centre for amicable settlement of dispute between the petitioner and the complainant. The mediation proceeding appears to have failed as is event from the report of the learned mediator at Flag-B. Learned counsel for the petitioner has submitted that matrimonial dispute has been given the colour of the criminal case.

Learned counsel for the complainant has vehemently opposed the prayer for anticipatory bail. Be that as it may, considering the nature of accusation, this application is allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in Complaint Case No. 302 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court CR. MISC. No.44035 of 2019(5) dt.17-06-2020 3/3 petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) arun/- U