Md. Afzal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49293 of 2022 Arising Out of PS. Case No.-330 Year-2020 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Md. Afzal S/O Md. Motiyur Rahman R/O Village- Khirma-Patura, P.S.- Keuti, District- Darbhanga.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Firdos Khaton W/o Afzal R/o village- Khirma-Pataura, P.S.- Keuti, DistrictDarbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Das, Advocate For the Informant :

Ms. Kusum Rani, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-03-2023 Heard Mr. Pankaj Kumar Das, learned Counsel appearing on behalf of the petitioner; Ms. Kusum Rani, learned Counsel appearing on behalf of the Informant and Mr. Ajit Kumar learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with C.R. Case No. 330 of 2020 registered under Section 323, 498(A), 504/34 of the Indian Penal Code.

3. Considering the information given by the respective counsels of parties who are husband and wife, vide order dated 20.02.2023, the parties were directed to be physically present on 17.03.2023 i.e. today. The couple has appeared before this Court along with a child in the lap of the informant who is the wife of

Patna High Court CR. MISC. No.49293 of 2022(5) dt.20-03-2023 2/3 the petitioner. The demeanor of the couple show that they are happy and living together. The petitioner who is present in the Court has willingly accepted that he is ready to live along with his wife. He informed that he is employed in a private company and he has substantial income to meet the expenses of his small child and wife (informant). The informant has accompanied her mother and she is also present in the Court. She has expressed her happiness that the family life of her daughter has been reconciled. She has expressed her desire from core of her heart that she treats the petitioner as her own son as she don't have any son and she expect mutual respect from the petitioner that he will look after her daughter.

4. Considering the plight of the parties and their willingness that the husband, wife and a small child will reside at a separate place in Delhi where the petitioner works. It would be interest of the justice to release the petitioner on anticipatory bail.

5. It is however, made clear that if the informant makes any complaint about ill behavior of the petitioner, the present bail application automatically loose its force.

6. Court below is directed to release the petitioner on

Patna High Court CR. MISC. No.49293 of 2022(5) dt.20-03-2023 3/3 anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M.-1, Benipatti in connection with C.R. Case No. 330 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) Nilmani/- Minu/- U T