Md Mustak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7275 of 2021 Arising Out of PS. Case No.-360 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Md. Mustak aged about 25 years, Gender-Male Son of Md. Sobrati, Resident of village- Maniphulkaha Police Station-Kanti (Panapur OP), District- Muzaffarpur.
... ... Petitioner
Versus
1. The State of Bihar
2. Shamima Khatoon aged about 22 years, Gender Female W.o Md. Mustak D/o Md. Akhtar Hussain R.o village Methurapur PS Sadar Dist- Muzaffarpur ... ... Opp Party ====================================================== Appearance :
For the Petitioner :
Mr. Alok Kumar Alok Advocate For the State :
M. Binod Kumar 3 APP For the Informant :
Mr. Arjun Prasad Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-06-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.
2. Heard learned counsel for the petitioner, informant and learned counsel for the State
3. The petitioner seeks bail in Sadar PS Case No. 360 of 2020, instituted for the offence under Sections 341,323,324,307,498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
4. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office.
5. The learned counsel for the petitioner and the informant
Patna High Court CR. MISC. No.7275 of 2021(2) dt.24-06-2021 2/2 submit that there has been restoration of matrimonial harmony between the parties and the informant is residing at the petitioner's house while the petitioner is in custody in connection with this case alleging offence under Section 498A of the Indian Penal Code and other allied sections of the IPC and Dowry Prohibition Act. The petitioner has no criminal antecedents. He is in custody since 04.07.2020.
6. In view of the restoration of matrimonial harmony, this Court is inclined to allow the petitioner's prayer for bail. Let the petitioner, above named, 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 CJM Muzaffarpur, in connection with Sadar PS Case No. 360 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T