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Patna High CourtCR. MISC./86879/2019bail granted

Md. Reyaz @ Shah Riyaz @ Md. Riyaz v. The State Of Bihar

2020-02-17Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 86879 of 2019 Arising out of P.S. Case No.-48 Year-2015 Thana- COMPLAINT CASE District- Banka =============================================== MD. REYAZ @ SHAH RIYAZ @ MD. RIYAZ Son of Shah Uddin @ Shahabuddin Resident of Village - Pipramore, Police Station- Dhoraiya, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ============================================== Appearance :

For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate For the Opposite Party/s: Ms. Pushpa Sinha, APP =============================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Complaint Case No. 48 of 2015, registered for the offence punishable under Section 498A of the Indian Penal Code. Petitioner happens to be the husband of the complainant and admittedly the marriage had taken place between the petitioner and complainant 10 years prior to filing of the complaint petition. The Complainant in her complaint petition alleged that she was subjected to torturing and harassment by the petitioner as well as his other family members and the petitioner solemnized his second marriage with co-accused Bibi Guriya.

Patna High Court CR. MISC. No.86879 of 2019(2) dt.17-02-2020 2/2 Learned counsel appearing for the petitioner at the very outset informs this Court that the complainant died on 29.09.2019 on account of her ailment. He further submit that as a matter of fact the father of the petitioner had given an information petition to CJM, Banka against the father of complainant and others in respect of a land dispute and after the aforesaid information petition the father of the complainant set up the complainant and got lodged the above stated case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail is allowed and it is ordered that petitioner, above named, in the event of his arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Banka in connection with Complaint Case No. 48 of 2015, subject to conditions as laid down under Section 438 (2) of the Cr.P.C.