Md. Kalam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28134 of 2015 Arising Out of PS.Case No. -3965 Year- 2013 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Md. Kalam S/o Allauddin Resident of Village Sisha Bari, P.S. Rauta, District Purnea.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Majhabi Parveen W/o Md. Kalam Resident of Village Sisha Bari, Khan Tola, P.S. Rauta, District Purnea. At present residing with her father Mohidur Rahman, Resident of Village Satrita, P.S. Routa, District Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Bharat Bhushan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 08-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and the learned Additional Public Prosecutor, appearing on behalf of the State.

This application for grant of anticipatory bail arises out of C.A.Case No. 3965/2013, disclosing offences under section 498A of the Indian Penal Code.

Learned counsel for the petitioner submits that the matrimonial discord between the petitioner and O.P.No.2 is the reason behind institution of the present case. Denying the allegation of demand of dowry, he submitted that the petitioner shall present himself before the court as and when required if he is granted privilege of anticipatory bail. From the records I find that

Patna High Court Cr.Misc. No.28134 of 2015 (5) dt.08-02-2016 despite valid service of notice upon O.P.No.2 she has chosen not to enter appearance to oppose the prayer for anticipatory bail. Considering the submissions, as above, and the facts and circumstances of the case, this application is allowed. Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Purnea in Complaint Case No. 3965/2013, 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 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) Surendra/- U