This order grants anticipatory bail to the petitioner, allowing release upon arrest or surrender within four weeks, conditioned on furnishing a bail bond with sureties compliant with Section 438(2) of the Cr.P.C.
Petitioner released on bail on arrest/surrender within 4 weeks, bond Rs. 10,000 + 2 sureties.
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Patna High Court Cr.Misc. No.28261 of 2015 (3) dt.30-09-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28261 of 2015
Arising Out of PS.Case No. -164 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Sajid Hussain @ Md. Sajid Hussain @ Guddu son of late Md. Noor Diwan Resident of village - Mirzabhag, Police Station & District - Araria. .... .... Petitioner Versus 1. The State of Bihar. 2. Nilofar Fatima daughter of late Md. Suleman resident of mohalla - Azad Nagar Ward No. 20, Police Station & District - Araria. .... .... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Mukesh Kumar Rana For the Opposite Parties : Mr. Sanjay Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 30-09-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 341, 323, 420, 384, 354(B), 498A, 504 and 506 of the Indian Penal Code.
It is alleged by the informant that she was living at Delhi with her husband and children where the petitioner developed love affair with her and got her divorced by her husband.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has falsely been implicated in the present case. From perusal of the FIR itself, it would appear that prior to the institution of the case divorce had
Patna High Court Cr.Misc. No.28261 of 2015 (3) dt.30-09-2015
already taken place between the petitioner and the informant.
On behalf of the State and the Opposite Party No.2, it has been submitted that the petitioner is named in the FIR and there is direct allegation against him.
Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Araria P.S.Case No.164 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sudhir Singh, J)
B.Kr./-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in the event of arrest or surrender in the underlying case.
2 provisions across 1 enactments
Sajid Hussain
The State of Bihar
Nilofar Fatima
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
