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Patna High CourtCR. MISC./13631/2019allowed

Md. Mojib Ansari @ Mojib v. The State Of Bihar

2019-03-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13631 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- SANOKHAR District- Bhagalpur ====================================================== MD. MOJIB ANSARI @ MOJIB, aged about 32 years, Male, Son of Mahfuj Ansari Resident of Lakshmipur Chanche, P.S- Sanokhar, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-03-2019 Heard both sides.

The petitioner apprehends his arrest in Sanokhar P.S. Case No.152 of 2018 registered under Sections 498(A) and 34 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

The petitioner is the husband.

The learned counsel for the petitioner submits that earlier Sanokhar P.S. Case No.6 of 2018 was registered under Section 498(A) of I.P.C. and under Sections 3 and 4 of Dowry Prohibition Act on the basis of the statement of the wife of the petitioner. The petitioner filed petition for anticipatory bail with assertion that the petitioner was ready to keep his wife and on such, the petitioner was granted anticipatory bail. The wife of the petitioner accompanied the petitioner but only after one

Patna High Court CR. MISC. No.13631 of 2019(2) dt.06-03-2019 2/2 month, the wife of the petitioner again left the house of the petitioner. Prior to institution of Sanokhar P.S. Case No.6 of 2018, petitioner had filed Restitution Case No.25 of 2018. When the wife of the petitioner left the house of the petitioner, the petitioner informed the Court but only thereafter wife of the petitioner lodged this case making same and similar allegation. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar P.S. Case No.152 of 2018, corresponding to G.R. No.5565/2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T