Md. Imtiyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68315 of 2019 Arising Out of PS. Case No.-355 Year-2018 Thana- CHHATAPUR District- Supaul ====================================================== MD. IMTIYAZ Son of Md. Nisar Resident of Village - Madhopur Ward No. 3, P.S.- Chatapur, District - Supaul.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Sanjeeda Khatoon Wife of Md. Imtiyaz Resident of Village - Madhopur Ward No. 3, P.S.- Chatapur, District - Supaul ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chatapur P.S. Case No. 355 of 2018 for the offence punishable under Sections 341, 323, 325, 307, 498A, 379, 448 and 504/34 of the Indian Penal Code.

Petitioner is the husband of the informant. The occurrence is said to have taken place in the maternal house of the informant. It has been argued that 15 persons have been named in the First Information Report, who are said to have caused the occurrence, the petitioner was not named therein. His name has surfaced, however, in course of investigation with the allegation that he was also instrumental in demand of dowry. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.68315 of 2019(2) dt.27-11-2019 2/2 petitioner has submitted that as is evident from the First Information Report, which elaborately describes the occurrence which had taken place, subsequent inclusion of the petitioner's name in course of investigation is for ulterior purpose. Considering the facts and circumstances, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 A.C.J.M. 4th, Supaul, in Chatapur P.S. Case No. 355 of 2018, subject to the conditions as 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 bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T