Rizwanul Hasan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59929 of 2022 Arising Out of PS. Case No.-1382 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== RIZWANUL HASAN S/O MD ISMAIL Resident of village- Babuan, P.S.- Narpatganj (Ghurna O.P), District- Araria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
CHAND AARA W/o Rizwanul Hasan Resident of village- Babuan, P.S.- Narpatganj (Ghurna O.P), District- Araria At present- Chand Ara, Daughter of Abu Talha, Resident of village- Babuan, P.S.- Narpatganj, District- Araria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh,Advocate For the Opposite Party/s :
Mrs.Asha Kumari,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-02-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Complaint Case No. 1382 C of 2021 for the offence registered under Section 498 A of the Indian Penal Code. The allegation is of torture for dowry by the petitioner and family members, the marriage has been solemnized in 2018. At the outset, learned counsel for the complainant submits that parties have arrived to an amicable settlement and accordingly, he is not opposing the prayer for anticipatory bail. Considering the aforesaid submissions put forward by the learned counsel for the complainant, this Court is inclined to extend him privilege of anticipatory bail.
Let the petitioner in the event of arrest or surrender
Patna High Court CR. MISC. No.59929 of 2022(3) dt.09-02-2023 2/3 within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Araria in connection with Complaint Case No. 1382 C of 2021 subject to condition as laid down under Section 438(2) of the Cr.P.C with further conditions:- (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall co-operate in the investigation
Patna High Court CR. MISC. No.59929 of 2022(3) dt.09-02-2023 3/3 and made himself available to the police as and when required. (Rajiv Roy, J) Jagdish/Neha/- U T