Patna High CourtCR. MISC./25791/2015bail granted

Md. Yunush v. The State Of Bihar

2015-11-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25791 of 2015 Arising Out of PS.Case No. -292 Year- 2014 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Md. Yunush .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bela Singh For the Opposite Party/s : Mr. Ganesh Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

Notices were issued to opposite party no.2 vide order dated 17.07.2015. The office note dated 09.11.2015 reflects that ordinary process of notice has already been served to opposite party no.2 but none is appearing on behalf of opposite party no.2. It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the informant/opposite party no.2 and is ready to keep her as wife with full dignity and honour, though, specific statement to that effect has not been made in the petition.

Patna High Court Cr.Misc. No.25791 of 2015 (3) dt.10-11-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, West Muzaffarpur in connection with Motipur P.S. Case No. 292 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The present order will not preclude the informant/opposite party no.2 to resume the conjugal life and if she files such an application before the learned court below then the learned court below will issue notice to the petitioner when the petitioner will be obliged to comply the undertaking given before this court.

(Dinesh Kumar Singh, J) Amrendra/- U T