Md Mojasin @ Mojmmil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28826 of 2021 Arising Out of PS. Case No.-348 Year-2018 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== MD MOJASIN @ MOJMMIL, Son of Late Jamsed Ansari, Resident of Village - Rajwan, P.S. Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nemat Khatoon, Wife of Md. Mojasin @ Mojmil, Resident of Village - Rajwan, P.S. Benipatti, District - Madhubani. Daughter of Md. Alamgir Ansari, Resident of Village - Rajwan, P.S. Benipatti, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner apprehends his arrest in connection with Complaint Case No. 348 of 2018 registered for the offences under Sections 341, 323, 379, 307, 324, 354(B), 325 and 498A of the Indian Penal Code, but cognizance has been taken under Sections 323 and 498(A) of the Indian Penal Code. Pursuant to the order dated 24.12.2021 notice was issued to opposite party no.2.

Patna High Court CR. MISC. No.28826 of 2021(4) dt.24-03-2022 2/3 Specific statement was made in para 14 of the bail that the petitioner is ready to keep the opposite party no.2 with full honour and dignity.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 11.04.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipatti, Madhubani, in connection with Complaint Case no. 348 of 2018 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Till filing of the application by the opposite party no.2 and her husband (petitioner) in the court below, the petitioner

Patna High Court CR. MISC. No.28826 of 2021(4) dt.24-03-2022 3/3 shall not be arrested in connection with aforesaid case. It is made clear that for non compliance of this order, bail bond of the petitioner shall stand automatically cancelled. This application is, accordingly, disposed of. (Sandeep Kumar, J) uday/- U T