Patna High CourtCR. MISC./73135/2022bail granted

Md. Shamshad @ Md. Samsad v. The State Of Bihar

2023-08-02Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73135 of 2022 Arising Out of PS. Case No.-29 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== MD. SHAMSHAD @ MD. SAMSAD SON OF MD. AKHTAR R/O VILL.- BARI TOLE SONMA, P.S.- SINGHIYA, DISTT.- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 504, 498(A) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner being husband has been falsely implicated in the present case, it is next submitted that in compliance of the order dated 29.04.2023, the petitioner had filed the notice in time and the officer report records that the notice has been received by the O.P. No. 2 but still no one appears on her behalf to contest. Learned counsel further submits that he has instructions to make submissions that O.P. No. 2 had already performed her second

Patna High Court CR. MISC. No.73135 of 2022(4) dt.02-08-2023 2/2 marriage and is leading a happy conjugal life, as such, she is not interested in contesting the case.

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

5. Considering the submissions made by the learned counsel for the petitioner, 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 C.R. No. 29 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T