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Patna High CourtCR. MISC./22016/2017bail granted

Md. Mahmood Alam v. State Of Bihar And ANR

2017-07-13Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22016 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -MAHILA P.S. District- ARRARIA ======================================================

1. Md. Mahmood Alam Son of Late Maqubool Hussain, Resident of Village- Adhang, P.S.- Jalalgarh, District- Purnia , At Present Kakorwa Ward No.20, P.S.+District- Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sazia Andeib, Daughter of Md. Zahoor Alam, Wife of Md. Mahmood Alam, Resident of Azad Nagar , Ward No. 19, P.S.+District- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Araria Mahila Police Station Case No. 03 of 2017, disclosing offences under Sections 498A/379 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 he is ready to keep the Opposite Party No. 2 with full love and dignity.

Patna High Court Cr.Misc. No.22016 of 2017 (3) 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. Mahmood 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, Araria, in connection with Araria Mahila Police Station Case No. 03 of 2017, 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.22016 of 2017 (3) dt.13-07-2017 3/3 cancelled.

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