Md. Juber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24330 of 2019 Arising Out of PS. Case No.-615 Year-2018 Thana- KATIHAR District- Katihar ====================================================== MD. JUBER Son of Md. Makbul Resident of Mohalla- Bhagwan Chowk Amir, P.S.- Nagar, District- Katihar.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Noor Jahan Khatoon Wife of Md. Juber, D/o Md. Hafiz Resident of Mohalla- Sharif Ganj, P.S.- Sahayak, District- Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 19-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 498A IPC and Section 4 of the D.P. Act registered in connection with Nagar (Sahayak) P.S. Case No. 615 of 2018.

3. It is submitted that the petitioner has been falsely implicated and the parties were married several years ago and have four children from the wedlock. The petitioner is the husband of the OP No. 2 and expresses his readiness to keep the OP No. 2 with due dignity and honour, rather it was the OP No. 2 who does not wish to reside with him. The petitioner claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Katihar in connection with Nagar (Sahayak) P.S. Case No. 615 of 2018 subject to the conditions as laid down under Section 438 (2)

Patna High Court CR. MISC. No.24330 of 2019(2) dt.19-04-2019 2/2 Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioner. ii. That the petitioner shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T