Mir Mubarak Hussain v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.37985 of 2014 (3) dt.23-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37985 of 2014 Arising Out of PS.Case No. -217 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Mir Mubarak Hussain S/o Late Mir Hadi Hussain, Resident of VillageBabhangowan, Post Nasez. P.S.- Kudara, District- Kaimur at Bhabua .... Petitioner

Versus

1. The State of Bihar

2. Naziya Parween W/o Mir Mubarak Hussain, D/o Babar Hussain, Resident of Village- Mohalla- Uttarwari, Shumali, P.S.- Sherghati, DistrictGaya .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Rajani Kant Pandey, Advocate For the State : Mr. Madan Kumar (App) For opposite party no. 2 : Mr. Sudhir Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 23-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Section 498A/34 of the Penal Code.

The learned counsel for the petitioner submits that the matter was sent to the Patna High Court Mediation and Conciliation Center, but, it was not settled. The learned counsel for the petitioner submits that the petitioner is ready to keep the victim-wife with full dignity. However, the learned counsel for the victim-wife submits that she is not ready to live with the petitioner as she has been assaulted.

Hence, having regard to the facts and circumstances of the case, the petitioner, above

Patna High Court Cr.Misc. No.37985 of 2014 (3) dt.23-04-2015 named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, is directed to be released on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 217 of 2013 (Tr. No. 2268 of 2014) to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the condition that the petitioner will pay maintenance worth Rs.1200/- to the victim-wife till final settlement is made or till the case is decided and the trial shall proceed on day-today basis and the petitioner shall appear in person in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner by the lower Court itself.

(Gopal Prasad, J) SA/- U √ T √