The High Court at Patna granted anticipatory bail to the petitioner pending normalcy in a case involving dowry torture and assault charges, directing him to deposit bail bonds within eight weeks upon restoration of normalcy.
Anticipatory bail granted on personal bond pending normalcy; to deposit Rs.10,000 with two sureties within eight weeks of normalcy.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7406 of 2021
Arising Out of PS. Case No.-349 Year-2019 Thana- RAMPUR District- Gaya
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Md. Imteyaz Hussain Son Of Not Given R/O Vill.- Nawadih, P.S.Hunterganj, Dist.- Chatra (JHARKHAND)
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Md. Jubair Ansari, Advocate For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks from the date of restoration of normalcy.
The petitioner is apprehending his arrest in a case registered under Sections 341, 323, 307, 379, 494, 498 of the Indian Penal Code and 3, 4 of Dowry Prohibition Act.
Allegation against the petitioner is of committing torture and assault upon the victim due to non-fulfilment of demand of dowry.
It has been submitted on behalf of the petitioner that
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the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Except for offence under Section 307 of I.P.C., rest of the offences are triable by the Magistrate. There is no medical evidence in support of the offence under Section 307 of I.P.C. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.
Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Rampur P.S. case No.349 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight
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weeks to the satisfaction of the court concerned in connection with the aforesaid case.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement. In case, any such application is made by either of the parties, the court below shall refer the matter to the District Mediation Centre.
(Sudhir Singh, J)
Narendra/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail pending normalcy in the arrestable case.
Whether the provisions of Section 438(2) of CrPC were applicable to the petitioner's case.
1 provisions across 1 enactments
Md. Imteyaz Hussain
The State of Bihar
Tamanna Parveen
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
