Md. Masoom v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11582 of 2017 Arising Out of PS.Case No. -2089 Year- 2015 Thana -COMPLAINT CASE District- ARRARIA ======================================================

1. Md. Masoom, Son of Md. Urfan, resident of village - Ufarail, P.S. Srinagar, District - Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Bibi Rubina Khatoon, Wife of Md. Masoom, Daughter of Md. Taslimuddin, resident of village - Malhariya, P.S. Jokihat, District - Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Yogendra Kr. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing on behalf of Opposite Party No. 2 and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Complaint Case No. 2089C of 2015, disclosing offences under Section 498A of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The petitioner is the husband of the Opposite Party No. 2. The matrimonial discord appears to be the root cause of lodging of the First Information Report. 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 granted anticipatory bail, the petitioner shall flee from the

Patna High Court Cr.Misc. No.11582 of 2017 (4) dt.13-07-2017 2/2 course of trial.

It is submitted that the petitioner shall present himself before the Court as and when required and there is no chance that he will tamper with the evidence or influence the witnesses.

Considering the nature of accusation and submission advanced on behalf of the petitioner, this application is allowed.

Let the petitioner, Md. Masoom, in the event of his arrest or surrender before the Court below within six weeks, 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 learned Chief Judicial Magistrate, Araria, in connection with Complaint Case No. 2089C of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. 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 on two consecutive occasions, his bail bond shall be liable to be cancelled.

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