Md. Samad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46904 of 2019 Arising Out of PS. Case No.-1052 Year-2014 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Samad Son of Late Kush Mohammad @ Late Khush Mohammed Resident of Village - Nawgram (Mara Tola), P.S.- Abadpur, District - Katihar. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Arjana Khatoon @ Arjena Khatoon @ Arjina Khatoon Daughter of Mainuddin @ Dhebuwa At presently residing of Village - Sankola, P.S.- Abadpur, District - Katihar.

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

For the Petitioner/s :

Mr.Md. Rahmatullah For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 498(A) of the I.P.C. and section 4 of D.P. Act.

Nobody appears on behalf of O.P. No.2, despite validly served notice.

It has been submitted on behalf of the petitioner that the petitioner is husband of complainant and he has falsely been implicated in this case. It has further been submitted that the petitioner is ready to keep his wife with dignity and honour. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.46904 of 2019(7) dt.24-02-2020 2/2 Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Katihar in connection with Complaint Case No.1052 of 2014, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) S.Katyayan/- U T