Md. Sarfraj Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32070 of 2014 Arising out of P.S. Case No. -1020 Year- 2013 Thana - BEGUSARAI COMPLAINT CSAE District- BEGUSARAI =================================================== Md. Sarfraj Hussain S/o Sajjad Hussain resident of Gandhi Path, P.S. Saharsa Nagar, District - Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar

2. Saba Kaiser D/o Md. Fakhrey Alam resident of village - Pokharia Ward No.39, P.S. Nagar, District - Begusarai .... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Singh, Adv. For the Opposite Party/s: Mr. R.N. Jha (APP) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER

04. 11.02.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner is apprehending his arrest in a case registered under Sections 498A, 323 and 379/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act. In the nature of dispute between the parties an attempt was made to resolve the dispute but it could not be resolved.

Be that as it may, let the Petitioner, above named be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Sub-divisional Judicial Magistrate,

Patna High Court Cr.Misc. No.32070 of 2014 (4) dt.11-02-2016 Begusarai in connection with Complaint Case No. 1020(C) of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. The Petitioner is directed to deposit Rs. 1500/- (One Thousand Five Hundred Only) per month in the court below firstly within 15 days from the date of receipt of this order and subsequently by 15th every month which the wife of the Petitioner will be at liberty to withdraw without prejudice the right of the parties.

However, if the Complainant/informant has a Bank account or subsequently opens a Bank account, the money shall be deposited in the account and a receipt to this effect shall be filed by 15th every month in the court below and in case he fails to do so his anticipatory bail would be automatically cancelled. Vikash/- (Anjana Prakash, J.) U T