Md. Mobin @ Mowin @ Mobin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9941 of 2020 Arising Out of PS. Case No.-198 Year-2019 Thana- NARPATGANJ District- Araria ====================================================== MD. MOBIN @ MOWIN @ MOBIN S/O- Md. Halim @ Bhathul Resident of Village - Pathraha, Narpatganj (Ghurna), District - Araria. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Afsana Khatoon W/o- Md. Mobin @ Mowin @ Mobin D/O- Md. Hashamuddin Resident of Village - Pathraha, Ward No. 12, Narpatganj (Ghurna), District - Araria.

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

For the Petitioner/s :

Mr.Md. Naushad Uzzoha For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Narpatganj (Ghurna) P.S. Case No. 198 of 2019 for the offence under Section 498A, 341, 323, 379, 504/34 of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and the informant was married to petitioner in 2018. The petitioner is the third husband of the informant. The previous two marriages had broken down and thereafter this marriage took place. He further submits that petitioner is ready to keep his wife with full care and honour. Learned counsel for the informant submits that the

Patna High Court CR. MISC. No.9941 of 2020(2) dt.29-02-2020 2/2 informant wife is ready to stay with the husband. Considering the aforesaid, and in order to encourage restoration of normal conjugal life, the Court is inclined to grant bail to the petitioner, in the event of arrest or surrender within one month from today, on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Narpatganj (Ghurna) P.S. Case No. 198 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

After release the petitioner shall be under obligation to collect his wife and ensure habitation. In the event petitioner neglects, misbehaves or tortures the informant of this case, the Court below shall be at liberty to cancel the bail bond of the petitioner.

(Anil Kumar Upadhyay, J) Rishi Kumar/- U T