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Patna High CourtCR. MISC./4122/2020bail granted

Khawaja Ahrar Ahmad @ Khwaja Ahrar Ahmad v. The State Of Bihar

2022-04-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4122 of 2020 Arising Out of PS. Case No.-1064 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== KHAWAJA AHRAR AHMAD @ KHWAJA AHRAR AHMAD S/o Master Iftekhar Ahmad @ Khawaja Master Iftekhar Ahmad R/o village- Achchhepur, P.S.- Dagarwa, District- Purnea ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Rehana Khatoon @ Rhnuma Khatoon D/o Haji Muner Ahmad R/o villageAchchhepur, P.S.- Dagarua, District- Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr. Ashok Kumar Jha Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-04-2022 Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

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. 1064 of 2018 registered for the offences punishable under Sections 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Pursuant to the earlier order dated 19.04.2022, the petitioner is present in person.

Patna High Court CR. MISC. No.4122 of 2020(15) dt.20-04-2022 2/3 Learned counsel for the petitioner submits that the petitioner is a patient of schizophrenia and he has two children who are staying with him.

Considering the above and the laid down in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the prayer of the petitioner for grant of anticipatory bail application is allowed.

The petitioner undertakes that he will not disturb the opposite party No. 2.

Some of the land of the opposite party No. 2 is there near the house of the petitioner if the opposite party No. 2 goes and stays there, the petitioner or his family members will not disturb her. This undertaking shall be given by the petitioner and his parents in the Court below before the bail bond of the petitioner is accepted.

Non-compliance of the undertaking will result in automatic cancellation of the bail bond of the petitioner. With the aforesaid observations and directions, the present application for grant of anticipatory bail 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

Patna High Court CR. MISC. No.4122 of 2020(15) dt.20-04-2022 3/3 furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Purnea, in connection with Complaint Case No. 1064 of 2018, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Sandeep Kumar, J) Saif/- U T