Patna High CourtCR. MISC./14136/2017allowed

Shaukat Ali v. State Of Bihar And ANR

2017-05-17Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.14136 of 2017 (3) dt.17-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14136 of 2017 Arising Out of PS.Case No. -1356 Year- 2015 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ======================================================

1. Shaukat Ali, Son of Md. Taslim, R/o village - Mathurapur, P.S. Madhavpur, Distt. - Gopalganj .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nazia Khatoon, W/o Md. Ali, D/o Ali Hussain Mian, R/o village - Chandi, P.S. G.B. Nagar Tarwara, Distt. Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Aslam Ansari For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-05-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1356 of 2015, disclosing offences under Sections 498(A), 406, 3047, 120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, cognizance has been taken in this case under Section 498A of the Indian Penal Code against the petitioner. The petitioner happens to be the brother of the husband of the complainant has no concern

Patna High Court Cr.Misc. No.14136 of 2017 (3) dt.17-05-2017 with the matrimonial dispute of his brother and the complainant as he lives separately from them. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Sub-Divisional Judicial Magistrate, Siwan, in connection with Complaint Case No. 1356 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J.) Brajesh/- U T