Mujahid @ Md. Mujahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54411 of 2019 Arising Out of PS. Case No.-2659 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MUJAHID @ MD. MUJAHID Son of Md. Rajabul Resident of Village - Bambaiya Tola, Majhua, Panchayat - Pokhariya, P.S.- Bairgachhi, Dist.- Araria.

... ... Petitioner

Versus

1.

THE STATE OF BIHAR Bihar 2.

'XXXX' D/o 'YYYY' Resident of Village - Dhapi, Ward No.02, P.S.- Jokihat, Dist.- Araria.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Kumar Ravish Mr. Sanjay Kumar Sharma Mr. Kashyap Kaushal For the Opposite Party/s :

Dr. (Mrs.) Indiwar Kumari, APP For the Complainant :

Md. Naushaduzzoha Md. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-09-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Complaint Case No. 2659-C of 2018 for the offence punishable under Sections 498A, 323, 314 and 511 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

The petitioner is husband of the complainant. Learned counsel appearing on behalf of the petitioner has submitted, referring to Annexure-P/3 and P/5, that the dispute between the petitioner and the opposite party No.2 lies somewhere else.

Patna High Court CR. MISC. No.54411 of 2019(2) dt.02-09-2019 2/2 Learned counsel appearing on behalf of the complainant has opposed the prayer for anticipatory bail. However, in the facts and circumstances, I am of the view that a case is made out for grant to anticipatory bail. This application is accordingly allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 C.J.M., Araria, in Complaint Case No. 2659-C of 2018, subject to the conditions as 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 Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Pawan/- U T