Azizur Rahman @ Azizul Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82081 of 2019 Arising Out of PS. Case No.-169 Year-2017 Thana- POTHIYA District- Kishanganj ====================================================== AZIZUR RAHMAN @ AZIZUL RAHMAN Son of Matibul Rahman Resident of Village - Sarswati, P.S. - Pothiya, District - Kishanganj. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Taslima Khatoon W/O Azizur Rahman @ Azizul Rahman, D/O Ainul Haque Resident of Village - Bholagach, P.S. - Pothiya, District - Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Pothiya P.S. Case no. 169 of 2017 instituted for the offence under Sections 341, 323, 504, 506, 498A/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with his family members have tortured in various ways due to nonfulfillment of further demand of dowry and finally they ousted her from matrimonial home after snatching her belongings. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.82081 of 2019(11) dt.01-11-2021 2/3 has submitted that petitioner is husband of the informant and has been falsely implicated in this case. He has never demanded any thing from the informant. It is further contended by learned counsel for the petitioner that petitioner is ready to keep his wife with full honour and dignity.

Learned APP for the State has opposed the prayer of bail.

Learned counsel for the informant has submitted that opposite no. 2 is ready to lead the conjugal life. Having heard learned counsel for the parties and considering the submission made on behalf of the petitioner that he is ready to keep his wife, this Court is inclined to enlarge him on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Pothiya P.S. Case no. 169 of 2017 he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate III, Incharge Court Kishanganj subject to the conditions as laid down under section 438(2) of the Cr.P.C.

It is further directed that at the time of filing bail

Patna High Court CR. MISC. No.82081 of 2019(11) dt.01-11-2021 3/3 bond, petitioner as well as as opposite party no. 2 will appear before the learned lower court and assert that they have amicably settled their dispute and are ready to lead the conjugal life together.

(Sunil Kumar Panwar, J) sushma/- U