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Patna High CourtCR. MISC./67320/2018bail granted

Md. Nehal Sheikh v. State Of Bihar And ANR

2018-12-03Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67320 of 2018 Arising Out of PS. Case No.-2489 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Md. Nehal Sheikh, Son of Md. Izriel Sheikh, Resident of Village- Nawada, P.S.- Sultanganj, District- Bhagalpur at present residing at Kharharwari Road, P.S.- Bahawal Nagar, District- Pune, State- Maharastra. ... ... Petitioner

Versus

1. The State of Bihar.

2. Julee Khatoon, W/o Md. Iftekhar Sheikh, D/o Late Md. Farmar @ Kallu, Resident of Village- Kolgama, P.S.- Sultanganj, District- Bhagalpur. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhananjay Kumar Gupta For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 2489 of 2015 in which cognizance has been taken for the offences punishable under Section 498-A of the Indian Penal Code and Section 3⁄4 of D.P. Act. Petitioner happens to be elder brother in law of the complainant.

Submission on behalf of the petitioner is that the complainant has already entered into compromise with her husband but she refused to settle the dispute with petitioner. He further submits that no specific overt-act has been attributed

Patna High Court Cr.Misc. No.67320 of 2018(2) dt.03-12-2018 2/2 against the petitioner and moreover, petitioner does not have any interest in the affair of complainant as well as her husband. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhagalpur in Complaint Case No. 2489 of 2015, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) shahzad/- U T