Md. Masoom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12045 of 2024 Arising Out of PS. Case No.-7 Year-2023 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Md. Masoom S/O MD. MUSTAFA R/O VILLAGE- KISHUNPUR BALAUR, PS.- KUDHANI, DIST.- MUZAFFARPUR.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

JEBA PRAVEEN D/O MD. TABREJ ALAM R/O VILLAGEBISHUNPUR GIDHA POST SUSTA, PS.- MANIYARI, DIST.- MUZAFFARPUR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 504, 506, 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

3.

Learned counsel for the petitioner submits that despite notices being validly served, the OP No. 2 chooses not to appear, which amply demonstrates that she is not interested in reviving her conjugal relationship, when petitioner is willing to keep the OP No. 2 with honour and dignity. It is also submitted that the moment the OP No. 2 decides that she intends to revive

Patna High Court CR. MISC. No.12045 of 2024(3) dt.24-07-2024 2/2 her conjugal relationship, the petitioner will go and fetch her back to her matrimonial home. It is submitted that petitioner has even filed an application seeking restitution of conjugal rights, which is pending adjudication in the court of learned Principal Judge, Muzaffarpur. It is also submitted that OP No. 2 is in habit of instituting cases and this is the second complaint instituted by her.

4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahila P.S. Case No. 7 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T