Md. Mustafa v. The State Of Bihar

Patna High Court Cr.Misc. No.48675 of 2016 (4) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48675 of 2016 Arising Out of PS.Case No. -8 Year- 2016 Thana -MAHILA THANA District- BEGUSARAI ======================================================

1. Md. Mustafa S/o Md. Abbas Resident of Village - Parna, P.S. - Nimachandpura, District - Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vinod Gautam For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner apprehends his arrest in connection with Begusarai Mahila P.S. Case No.8 of 2016 registered for the offences punishable under Sections 498A and 323 of the Indian Penal Code.

It is submitted that in this case the husband, Md. Shahadat has been granted provisional bail which was to be confirmed if the matrimonial harmony is substantially restored or if the informant fails to appear before the learned court below or if the informant deliberately gets reluctant to reconcile the issue. It is submitted further that the informant is living with her husband peacefully and now there is no dispute and as such,

Patna High Court Cr.Misc. No.48675 of 2016 (4) dt.10-01-2017 this petitioner, who is devar, also deserves sympathetic consideration.

The learned A.P.P. after going through the record of Cr. Misc. No.43594 of 2016 fairly submits that the husband was granted provisional bail which was to be confirmed on three conditions.

In the facts and circumstances stated above, the petitioner in case of his arrest or surrender within four weeks from the date of receipt of production of copy of this order shall be released on bail on execution of bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Begusarai in connection with Begusarai Mahila P.S. Case No.8 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Jitendra Mohan Sharma, J) Saurabh/- U T