The single-judge High Court granted anticipatory bail to the petitioner in a dowry death-related case, allowing detention until six weeks but permitting case withdrawal if parties agree to reside together.
Anticipatory bail granted on surrender within six weeks; liberty to approach lower court for withdrawal of cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11935 of 2018
Arising Out of PS.Case No. -1628 Year- 2016 Thana -GAYA COMPLAINT CASE District- GAYA
====================================================== Md. Imteyaz Alam @ Bhutto, Son of Md. Halim, resident of VillageKandha, P.S.- Wazirganj, District- Gaya.
.... .... Petitioner
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Sinha, Advocate. For the State : Smt. Sahin Begam, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
The petitioner is apprehending his arrest in a case for the offence registered under Sections 498(A), 323 of the IPC and ¾ of the D.P. Act.
The prosecution story, in brief, is that the accused persons including the petitioner tortured the victim due to nonfulfilment of demand of dowry.
It has been submitted by learned counsels for the petitioner and opposite party no. 2 that the petitioner and opposite
Patna High Court Cr.Misc. No.11935 of 2018 (2) dt.05-03-2018
2/2
party no. 2 are ready to reside together with all respect and dignity.
Considering the aforesaid facts and circumstances, let
the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Gaya, in connection with Complaint Case No. 1628 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
The parties will be at liberty to proceed in accordance with law before the learned court below in respect of withdrawal of cases filed between the parties. On doing so, the learned court below shall consider the same and pass an appropriate order in the interest of justice.
U.K./U T
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest.
Md. Imteyaz Alam @ Bhutto
The State of Bihar
Khusboo Khatoon
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
