Fazalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64398 of 2022 Arising Out of PS. Case No.-298 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== 1.

FAZALU S/O LATE TAHIR R/v- Karor Dighli, P.S.- Palasi, District- Araria 2.

ABDUL S/o Late Tahir R/v- Karor Dighli, P.S.- Palasi, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

JUBEDA KHATOON W/o Rahman, D/o Late Asar Ali R/v- Karor Dighli, P.S.- Palasi, District- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within four weeks.

Learned counsel for the petitioners seeks permission to withdraw this application as against the petitioner no.1 as he has already been arrested by the police, during pendency of this application.

Permission is granted.

Accordingly, the instant application as against the petitioner no.1 is dismissed as withdrawn.

Now, this application is being heard for

Patna High Court CR. MISC. No.64398 of 2022(2) dt.02-01-2023 2/3 consideration of anticipatory bail as against the petitioner no.2 only.

Heard learned counsel for the petitioner no.2 and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is there is no specific overt act levelled against the petitioner. He submits that petitioners are daily wage labourer working outside the state for their livelihood and have no knowledge about their accusation in the present case and tried to their best to pacify the matter but the complainant herself and her parents asked to get registered sale deed of all land property in favour of the complainant and the husband of the complainant would live there as Gharjamai. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the

Patna High Court CR. MISC. No.64398 of 2022(2) dt.02-01-2023 3/3 case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 298C/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T