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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26852 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== 1.

PHOOL BABU @ MD. PHOOL BABU Son of Md. Murtuza Resident of Village- Amrakh, P.S.- Maniyari, District- Muzaffarpur. 2.

Samsa @ Nirsi Khatoon Wife of Md. Murtuza Resident of Village- Amrakh, P.S.- Maniyari, District- Muzaffarpur.

... ... Petitioners

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Dr. Amrendra Kumar Mr.Md. Anisur Rahman For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Maniyari P.S. Case No. 93 of 2018 for the offence punishable under Sections 341, 323, 498(A), 504 and 506/34 of the Indian Penal Code.

The petitioner No.1 is the husband of the informant, whereas petitioner No.2 is the mother-in-law. Learned counsel appearing on behalf of the petitioners has submitted that the present informant had earlier lodged a complaint case registered as Complaint Case No. 116 of 2014 alleging commission of offence under Section 498A of the Indian Penal Code and other ancillary sections. In the said case, the petitioner No.1 has been granted anticipatory bail by

Patna High Court CR. MISC. No.26852 of 2019(2) dt.24-04-2019 2/2 an order dated 26.03.2015 passed in Cr. Misc. No. 12781 of 2015. It has been submitted that the informant is not ready to reconcile the matrimonial dispute and has lodged the present First Information Report.

Considering the facts and circumstances, this application is allowed.

Let the petitioners above named, in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M.-1st Class, Muzaffarpur, in Maniyari P.S. Case No. 93 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/- U T