Anwarul Haque @ Md. Anwarul Haque v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5398 of 2018 Arising Out of PS. Case No.-550 Year-2017 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Anwarul Haque @ Md. Anwarul Haque S/o Late Mofid Khan, R/o VillageIbrahimpur, P.S.- Sabour, District- Bhagalpur. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Farid Khan S/o Late Shahabuddin Khan, R/o Mohalla- New Bikramshila Nagar, Kahalgaon, P.S.- Kahalgaon, Dist. Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Nurul Hoda For the Opposite Party/s :
Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-04-2018 Heard learned counsel for the petitioner, learned APP for the State and the informant .
Petitioner apprehends his arrest in Complaint case no. 550/17 instituted for the offence under Section(s) 406 and 417 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that it is a matter of matrimonial dispute. It has been submitted that petitioner wanted his daughter to send her to the matrimonial house but the complainant and his son Hasan Raza @ Shadab as well as other family members demanded heavy dowry including car which was not paid and they denied to take the daughter of the petitioner to matrimonial house and then the daughter of the
Patna High Court Cr.Misc. No.5398 of 2018(4) dt.23-04-2018 2/3 petitioner gave a written report to the S.H.O. Mahila P.S.Bhagalpur and on that Mahila P.S. case no. 62 of 2017 has been registered for the offence under Section 498A/34 of the I.P.C. and Section 3⁄4 of the D.P. Act. The instant case has been filed by the complainant to save their skin from the aforesaid case.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with complaint case no. 550/17, he shall be released on anticipatory 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 J.M. 1st Class, Bhagalpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty
Patna High Court Cr.Misc. No.5398 of 2018(4) dt.23-04-2018 3/3 to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T