Md. Dukhan @ Fahim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3563 of 2022 Arising Out of PS. Case No.-44 Year-2021 Thana- MAHILA P.S. District- Bhagalpur ====================================================== Md. Dukhan @ Fahim Son of Late Md. Rashid Resident of Village- Kargil (Kailash Bagh) Kabirpur, P.S.- Lalmattiya, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Patil, Adv.

For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Learned counsel for the petitioner submits that notices have been issued upon the O.P. No.2 under both process(Talwana with Goshwara) and speed post with A/D. Service report attached in the record by which it transpires that notices have been validly served upon O.P. No.2. Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Mahila P.S. Case No. 44 of 2021 lodged under Sections 498A, 307, 504, 506/ 34 of the I.P.C.

As per the prosecution case, there is allegation of 498(A) of I.P.C as well as attempt to murder and abuse is there upon the petitioner against his wife.

Patna High Court CR. MISC. No.3563 of 2022(4) dt.18-11-2022 2/2 Learned counsel for the petitioner submits that petitioner is innocent. Learned counsel submits that he has 2 wives and both have 3 children' each who used to fight against each other. It is due to this reason there is always dispute in the family. Learned counsel submits that his antecedent is clean and he is in custody since 10.08.2021 and he has assured to this Court that he shall take care of his wives and children'. Learned counsel for the State opposes the prayer for bail and submits that petitioner ought to have take care of his wives equally.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-IV, Bhagalpur in connection with Mahila P.S. Case No. 44 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) prakashmani/- U T