Md. Mumtaz v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.12550 of 2017 (2) dt.28-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12550 of 2017 Arising Out of PS.Case No. -119 Year- 2016 Thana -RAGHUNATHPUR District- SIWAN ====================================================== Md. Mumtaz Son of Sikandar Mastan @ Sikandar Mian Resident of Village-Santhi, P.s. Raghunathpur District Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Amna Khatoon Wife of Md. Mumtaz D/o Md. Alim Hussain Resident of Village-Sujaon, P.O. Pachlakhi, P.S. Nautan District Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-03-2017 Heard both sides.

The petitioner seeks bail in Raghunathpur P.S. Case No. 119/2016, registered for the offences punishable under Sections 498A, 494 and other sections of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is the husband of the informant. The informant/wife of the petitioner left the house leaving two minor children and thereafter, the petitioner kept a lady to look after the minor children. The petitioner is still ready to keep his wife. The petitioner is in jail since 09.11.2016.

On the other hand, learned counsel for the informant as well as learned A.P.P. vehemently opposed the prayer for bail of

Patna High Court Cr.Misc. No.12550 of 2017 (2) dt.28-03-2017 the petitioner and submitted that the informant made specific allegation that the petitioner assaulted her and drove her out from the house and that is why the informant is living in her parent's house.

It is submitted that the petitioner is ready to live with her wife or for one time settlement.

Considering the facts aforesaid and the fact that petitioner who is willing to keep his wife, is in jail for about five months, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VIII, Siwan in connection with Raghunathpur P.S. Case No. 119/2016.

(Prabhat Kumar Jha, J.) Vinita/- U T