Mustaque Ahmad v. The State Of Bihar

Patna High Court Cr.Misc. No.12592 of 2015 (4) dt.06-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12592 of 2015 Arising Out of PS.Case No. -199 Year- 2014 Thana -SIWAN CITY District- SIWAN ======================================================

1. Mustaque Ahmad Son of Late Umde Hasan Resident of village - Nirkhi Chapra, Police Station - Barharia, District - Siwan .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s Mr. Rajiv Nayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04/ 06.07.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Siwan Town P. S. case no. 199/2014 registered under sections 498A, 307, 379, 380 and other allied sections of the Indian Penal Code. Petitioner happens to be husband of the informant and his marriage with the informant was solemnized in the year 1988 and thereafter, in the year 2000, criminal case for the offences under sections 498A, 323 of the Indian Penal Code was filed by the informant against her in-laws. The aforesaid case was ended in compromise but again in the year 2013, a complaint case was filed for the offences under sections 498A, 323, 406, 504, 506 and 120B of the Indian Penal Code against the petitioner and his other family members.

Moreover, it would appear from perusal of the complaint

Patna High Court Cr.Misc. No.12592 of 2015 (4) dt.06-07-2015 petition, which has been converted in the first information report that informant is mother of five children and it appears that there was some dispute between the parties on the point of maintaining of the informant and her children.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan in Siwan Town P. S. case no. 199/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T