Md. Ainul Haque @ Ainul Haque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16475 of 2017 Arising Out of PS.Case No. -122 Year- 2016 Thana -RAFIGANJ District- AURANGABAD ====================================================== MD. AINUL HAQUE @ AINUL HAQUE .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Rafiganj Police Station Case No. 122 of 2016, disclosing offences under Sections 341/323/498A/34 of the Indian Penal Code and Sections 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. 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 trial.

Patna High Court Cr.Misc. No.16475 of 2017 (4) dt.13-07-2017 2/2 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, Md. Ainul Haque @ Ainul Haque, 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, Aurangabad, in connection with Rafiganj Police Station Case No. 122 of 2016, 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 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 √