Md. Lal Babu @ Lal Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23441 of 2019 Arising Out of PS. Case No.-84 Year-2017 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Lal Babu @ Lal Babu, S/o- Sheikh Kasim R/o Village- Piprahi, P.S.- Ladaniya, District- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Khatoon @ Guriya Devi, W/o- Md. Lal Babu @ Lal Babu R/o Village- Piprahi, P.S.- Ladaniya, District- Madhubani, at present D/o- Md. Akbar, R/o Village- Bela, P.S.- Jaynagar, District- Madhubani. The Superintendent of Police, Mdhubani.

3.

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 03-12-2019 Today, petitioner, Md. Lal Babu @ Lal Babu along with his counsel and opposite party no. 2, Guriya Khatoon along with Mr. A.M.P. Mehta, Incharge A.P.P. for the State are present, while opposite party no. 2 has not engaged any counsel. It appears that on 08.08.2019 opposite party no. 2 along with her father appeared before this Court in pursuance to the order dated 22.07.2019. It also appears that vide order dated 11.04.2019, petitioner was allowed provisional bail in the event of arrest but the petitioner submits that he was not apprehended by the police nor he has surrendered before the trial court.

The petitioner apprehends his arrest in connection with Complaint Case No. 84 of 2017, registered under Sections 323, 498A, 379 and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.23441 of 2019(8) dt.03-12-2019 2/2 Learned counsel for the petitioner submits that opposite party no. 2 used to reside at her matrimonial house in Village Piprahi, P.S. Ladaniya, District- Madhubani along with her husband, Md. Lal Babu @ Lal Babu (petitioner).

On query by Mr. A.M.P. Mehta, learned A.P.P. for the State, opposite party no. 2 admitted that she used to live at her matrimonial house along with her husband and child happily and she has no grievance in allowing the pre-arrest bail of the petitioner. Having regard to the facts and circumstances of the case and the fact that petitioner and opposite party no. 2 are leading their conjugal life with small child, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Madhubani, in connection with Complaint Case No. 84 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

Bhardwaj/- (Rajendra Kumar Mishra, J) U T