This is an oral order granting anticipatory bail to the petitioner, who was falsely accused of dowry demand and torture, subject to bond and conditions of cooperation with trial.
Petitioner granted anticipatory bail via Rs. 10,000 bond with two sureties if arrested or surrenders within 30 days.
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.11793 of 2023
Arising Out of PS. Case No.-50 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia
======================================================
MD. ZIYAUL RAHMAN @ ZIYAUL RAHMAN Son of Md. Nasrul R/VGopi Nagar, Parsa Ward no. 1, PS- Barhara Kothi, Dist- Purnea
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kumar, Advocate For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
4 04-10-2023
Heard Mr. Ajit Ranjan Kumar, learned counsel for the
petitioner and Mr. Arun Kumar, learned APP for the State.
3 .The petitioner is apprehending his arrest connection with C.A. Case No. 50 of 2021, dated 05.01.2021 registered for the offences punishable under Section 323, 379, 498A, 504, 506 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.11793 of 2023(4) dt.04-10-2023 2/3
petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offence as alleged in the complaint petition and in fact the opposite party no. 2 has left the house of the petitioner on her own sweet will and no such occurrence had taken place and she wants to live with the petitioner in her parental house and the petitioner has refused for the same and on that basis the petitioner has been implicated in the false and fabricated case only to harass the petitioner. He further submits that the petitioner is ready to keep the complainant (opposite party no. 2) as his wife with full dignity and honour but despite valid service of notice she has not chosen to appear before this Court.
Patna High Court CR. MISC. No.11793 of 2023(4) dt.04-10-2023 3/3
two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with C.A. Case No. 50 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions :-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
Ibrar//-
(Rajesh Kumar Verma, J)
U T
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail in connection with the offences under Sections 323, 379, 498A, 504, 506 IPC and Dowry Prohibition Act.
Whether the petitioner can be released on bail within thirty days if arrested or surrenders.
1 provisions across 1 enactments
Md. Ziyaul Rahman @ Ziyaul Rahman
The State of Bihar
Bibi Nazni Khatun
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
