Md. Jubair @ Jubair Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19929 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Md. Jubair @ Jubair Ali, S/o - Md. Ahmad Mansoori, Resident of Village- Humayupur, P.S.- Bajpatti, Distt.- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Gulsan Khatoon, D/o Late Md. Taslim, residing at Village Lagma, P.S. - Dumra, Dist.- Sitamarhi.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mahendra Thakur For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Bajpatti Police Station Case No. 210 of 2016, disclosing offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The petitioner is the husband of the informantOpposite 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 he has already divorced his wife-Opposite Party No. 2.

Patna High Court Cr.Misc. No.19929 of 2017 (4) dt.13-07-2017 2/3 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. Jubair @ Jubair Ali, 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, Pupri, at Sitamarhi, in connection with Bajpatti Police Station Case No. 210 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 failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court Cr.Misc. No.19929 of 2017 (4) dt.13-07-2017 3/3 cancelled.

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