Md. Imtiyaz @ Imtiyaj Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78013 of 2019 Arising Out of PS. Case No.-831 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== MD. IMTIYAZ @ IMTIYAJ ANSARI S/o- Late Hasmuddin Ansari Resident of Village- Kirkichia, Ward No.5, P.S.- Forbesganj, District- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Marjina Praveen @ Marjina Parveen W/o Md. Imtiyaj @ Imtiyaj Ansari Resident of Village- Kirkichia, Ward No.5, P.S.- Forbesganj, DistrictForbesganj at present residing at D/o- Samsul Ansari, resident of villageNorth Rampur, P.S.- Forbesganj, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Choubey, Advocate.

For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-12-2020 Heard the parties in virtual court.

This is a case under Section 498A of the Indian Penal Code.

From the supplementary affidavit and counter affidavit filed by the parties in pursuance of order dated 09.07.2020, it appears that both are willing to live together. Hence, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where

Patna High Court CR. MISC. No.78013 of 2019(8) dt.21-12-2020 2/2 the case is pending in connection with Complaint Case No. 831C of 2019, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure as well as subject to the following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (c) The petitioner shall not leave the country without permission of the trial Court.

The court below shall ensure that both sides appear before the court below and they shall go together from the court below itself because both are co-villagers and only hitch is, who comes first for restoration of conjugal rights. (Birendra Kumar, J) mantreshwar/- U T