Md. Barik @ Md. Barik Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11374 of 2017 Arising Out of PS.Case No. -60 Year- 2016 Thana -MAHILA P.S. District- MADHEPURA ======================================================

1. Md. Barik @ Md. Barik Alam, Son of Md. Abdul Rahman, Resident of Village- Sikyahi, Police Station- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Asma Khatoon, Daughter of Md. Ayub Khan, Resident of VillageKoriyapatti, Police Station- Jadia, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of the Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Madhepura Mahila Police Station Case No. 60 of 2016, disclosing offences under Sections 498A/341/323/ 504/506/379/34 of the Indian Penal Code.

The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. Learned Counsel for the petitioner submits that

Patna High Court Cr.Misc. No.11374 of 2017 (5) dt.13-07-2017 2/3 he is ready to keep the Opposite Party No. 2 with full love and dignity.

There is no reason for this Court to feel that if granted anticipatory bail, the petitioner shall flee from the course of trial.

It is submitted that the petitioner shall present himself before the Court as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Md. Barik @ Md. Barik Alam, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Madhepura, in connection with Madhepura Mahila Police Station Case No. 60 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of

Patna High Court Cr.Misc. No.11374 of 2017 (5) dt.13-07-2017 3/3 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √