Md. Mustafa v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1885 of 2017 Arising Out of PS. Case No.-93 Year-2016 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Md. Mustafa, son of Md. Akhtar, resident of vilalge Bachharpur, Police Station Pupri, District Sitamarhi ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Raushan Khatoon, wife of Md. Mustafa, daughter of Md. Akhter, resident of village Harpurwa, Police Station Bajpatti, District Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Shahnawaz Ali For the Opposite Party/s :

Mr. SRI S. EHTESHAMUDDIN ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-08-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State of Bihar.

This application, for grant of anticipatory bail, arises out of Complaint Case No. C-1/93 of 2016, disclosing offence under Section 498A of the Indian Penal Code.

The petitioner is the husband of the complainant. The matrimonial discord appears to be the root cause of filing of the complaint petition.

Learned Counsel for the petitioner submits that he is ready to keep the Opposite Party No. 2 with full love and dignity. There is no reason for this Court to feel that if

Patna High Court Cr.Misc. No.1885 of 2017(5) dt.10-08-2017 2/2 granted anticipatory bail, the petitioner shall flee from the course of trial.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed. Let the petitioner, Md. Mustafa, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Pupri, in connection with Complaint Case No. CI/93 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √