Faiyaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69382 of 2019 Arising Out of PS. Case No.-1288 Year-2017 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== FAIYAZ ALAM Son of Nazar Alam Resident of Village - Narainpur Ward No. 08, P.S.- Ramnagar, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Noori Khatoon Wife of Faiyaz Alam, D/O - Noor Alam Resident of Village - Narainapur Ward No. 08, P.S.- Ramnagar, District- West Champaran. at present resident of Mohalla - Kalibagh ward No. 12 Bettiah, P.S.- Bettiah Town, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1288 of 2017 registered for the offences punishable under Sections 498A of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

It has been submitted by learned counsel for the petitioner that the opposite party No. 2 is avoiding appearance though she has been served notice only because she has remarried. Considering the aforesaid submission and also the fact

Patna High Court CR. MISC. No.69382 of 2019(7) dt.14-12-2021 2/2 that the case cannot be kept pending indefinitely for appearance of the opposite party No. 2, the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magaistrate, Bettiah, West Champaran, in connection with Complaint Case No. 1288 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Sandeep Kumar, J) Saif/- U T