Md. Mobin @ Md. Mobin Uddin v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11216 of 2019 Arising Out of PS. Case No.-238 Year-1999 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Mobin @ Md. Mobin Uddin, Son of Md. Mustaquim Resident of Village- Babupur Salkhanni @ Chakbahauddin, P.S.- Dalsing Sarai, DistrictSamastipur. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Md. Sattar Son of Shekh Bhagloo Resident of Village- Vishnupur Hakeemabad, P.S. Muffasil, District - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Sinha For the Opposite Party/s :
Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-02-2019 Heard the learned counsel for the petitioner and the State.
The petitioner seeks bail in anticipation of his arrest in connection with C.R. No. 238 of 1999 in which cognizance has been taken under Sections 498A and 304B of the Indian Penal Code.
The petitioner is the uncle of the deceased who stays away from the house of the deceased or her husband. Initially, a UD case was registered for the death of the deceased. Later, a complaint was lodged by opposite party no. 2 which was sent under Section 156
(3) Cr.P.C. for institution of a regular case, leading of registration of Dalsingsarai P.S. Case No. 166 of 1998.
Patna High Court Cr.Misc. No.11216 of 2019(2) dt.25-02-2019 2/2 The aforesaid case ended in submission of mistake of facts. Later, on the basis of protest, a complaint was filed in which cognizance has been taken against the petitioner as well.
Considering the aforesaid background of this case and taking into account that the husband of the deceased has not been made accused and that the petitioner is, though, related to the family of the deceased but the relationship is distant, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Dalsingsarai in connection with C.R. No. 238 of 1999, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T