Md. Sarfaraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62365 of 2023 Arising Out of PS. Case No.-740 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== Md. Sarfaraj Son Of Md. Noor Mohammad Resident Of Village -CHHIT Balthar, P.S Mohanpur, District -DEOGHAR, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rukhsana Wife Of Md. Sarfaraj Resident Of Village- Chihar, Ps- Barahat, Distt- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Rabindra Kumar, along with learned counsel appearing on behalf of the OP no. 2. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323 and 504 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

The learned counsel for the parties jointly submitted that on account of personal difficulty, the petitioner and the OP No. 2 could not come to the court in compliance of the order dated 9-4-2024.

4.

The learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.62365 of 2023(5) dt.29-04-2024 2/3 petitioner submits that the parties have resolved their dispute amicably, on which the learned counsel appearing on behalf of the OP No. 2 submits that he was informed by the learned counsel appearing on behalf of the petitioner that the dispute in between the parties has been resolved amicably and thus he tried to contact the OP No. 2 but despite his best endeavours, he was not able to contact her.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner that the petitioner and the OP No. 2 have resolved their dispute amicably as such, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 740 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 7.

However, the OP No. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to

Patna High Court CR. MISC. No.62365 of 2023(5) dt.29-04-2024 3/3 the petitioner if the dispute has not been resolved and the petitioner has obtained bail by misleading the Court. (Satyavrat Verma, J) SUMIT/- U T