Asfandyar Alam @ Asfan Dayal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23479 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Asfandyar Alam @ Asfan Dayal, Son of Late Jahur Alam @ A. Alam, Resident of Bakhri Bazar, Police Station- Bakhri, District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tasnum Afsar, wife of Afsandyar Alam @ Afsan Dayal, daughter of Md. Afsar Ali, Resident of Barahpura Mir Feku Lane, Police StationIshakchak, District- Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Navin Kumar Pandey For the Informant : Mr. Rajeev Sah ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 14-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the informantOpposite Party No. 2 and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Khagaria Police Station Case No. 153 of 2017, disclosing offences under Section 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report.

Patna High Court Cr.Misc. No.23479 of 2017 (3) dt.14-07-2017 2/3 Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity.

There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of investigation or trial.

It is submitted that the petitioner shall present himself before the Court as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Asfandyar Alam @ Asfan Dayal, 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 Chief Judicial Magistrate, Khagaria, in connection with Khagaria Police Station Case No. 153 of 2017, subject to the condition 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

Patna High Court Cr.Misc. No.23479 of 2017 (3) dt.14-07-2017 3/3 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √