Mumtaz @ Mumtaz Quraishi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79745 of 2018 Arising Out of PS. Case No.-50 Year-2018 Thana- MAHILA PS District- East Champaran ====================================================== Mumtaz @ Mumtaz Quraishi Son of Karmuddin Quaraishi Resident of Meena Bazar Chikpatti, P.s.- Mothiari Town, District - East Champaran ... ... Petitioner/s

Versus

1. State Of Bihar

2. Tasmeena Khatoon Wife of Mumtaz Quraishi Resident of Meena Bazar Chikpatti, P.s.- Mothiari Town, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 406, 354(B), 506, 494, 498(A)/34 IPC and Section 3 and 4 of the D.P. Act registered in connection with Mahila P.S. Case No. 50/2018.

3. It is submitted that the petitioner who happens to be the husband of the informant has not even been named in the FIR. The present case has been filed only because in the earlier complaint filed by the informant cognizance had not been taken against the other family members who have now been implicated once again. Except the aforesaid Complaint Case No. C-2160/2016 filed by the informant, the petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances, 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

Patna High Court Cr.Misc. No.79745 of 2018(2) dt.28-01-2019 2/2 CJM, Motihari, East Champaran, in connection with Mahila P.S. Case No. 50/2018, subject to the conditions as laid down under Section 438 (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