Parwej Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5249 of 2017 Arising Out of PS. Case No.-3035 Year-2015 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Parwej Alam, S/o Mobarak Hussain, resident of Mohalla Karim Chak, Bahat Road, Mahmadi Colony, P.S.- Chapra Town, Distt- Saran at Chapra. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Mehroon Nisha, W/o Parwej Alam, D/o Late Habiboo Rahman, resident of Mohalla- Karimchak Rahat Road, Mahamadi Colony, P.S.- Chapra Town, Distt- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. SANJAY KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 3035 of 2015, disclosing offence under Section 323 and 498A of the Indian Penal Code. The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

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

Patna High Court Cr.Misc. No.5249 of 2017(4) dt.10-08-2017 2/2 granted anticipatory bail, the petitioner shall flee from the course of trial.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Parwej Alam, in the event of his arrest or surrender before the Court below within a period of six weeks from today, 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 the learned Judicial Magistrate, 1st Class, Saran, at Chapra, in connection with Complaint Case No. 3035 of 2015, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled.

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