← Library
Patna High CourtCR. MISC./73739/2019disposed

Md. Amjad Ali @ Tinku @ Amjad Ali v. The State Of Bihar

2019-11-25Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73739 of 2019 Arising Out of PS. Case No.-434 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== MD. AMJAD ALI @ TINKU @ AMJAD ALI, aged about 30 years, S/o Ahmad Ali R/o village- Saidpur, Dighwara, P.S.- Dighwara, District- Saran ... ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Saziya Parveen aged about 25 years, W/o Md. Amjad Ali @ Tinku R/o village- Saidpur, Dighwara, P.S.- Dighwara, District- Saran. At present at D/o Md. Mustafa, Village- Manpura, P.S.- Goraul, District- Vaishali ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Complaint Case No. 434/2019 vide Trial No. 2502/2019 registered under Sections 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. He is the husband of the opposite party no.2 and ready to live with her full dignity and care.

Learned A.P.P. for the State as well as learned counsel for the opposite party no. 2 are present.

Patna High Court CR. MISC. No.73739 of 2019(2) dt.25-11-2019 2/3 Considering the facts and circumstances of the case wherein learned counsel for the petitioner as well as opposite party no. 2 have agreed for amicable resolution of the dispute whereunder this petitioner will visit the house of the opposite party no. 2 within two weeks from today and shall bring her to the matrimonial home where he is presently residing and shall live with her peacefully with full dignity and care, let the abovenamed petitioner, in the event of his arrest/surrender before the court below within a period of four weeks, be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - XIII, Vaishali at Hajipur, in connection with Case No. 434/2019 vide Trial No. 2502/2019, subject to condition as laid down under Section 438(2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police

Patna High Court CR. MISC. No.73739 of 2019(2) dt.25-11-2019 3/3 officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court. In case petitioner fails to abide by his own undertaking through his learned Advocate to bring back opposite party no. 2 to the matrimonial home within two weeks from today, it will be open for the opposite party no. 2 to file an appropriate application before the court below for cancellation of bail bond of the petitioner and other consequential action. This application stands disposed off.

(Rajeev Ranjan Prasad, J) Rajeev/- U T