Mokim @ Md. Mokim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29710 of 2015 Arising Out of PS.Case No. -2771 Year- 2013 Thana -COMPLAINT CASE District- ARRARIA ====================================================== Mokim @ Md. Mokim, Son of Allaudiin, Resident of Village- Nayanagai, Farsadangi, P.S. Palasi, District - Araria.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Rubi Khatoon, wife of Mokim, D/o Majibul, Resident of Village- Kujari Sarai, P.S. Palasi, District- Araria.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Prasad Singh, Advocate For the State : APP For Opp. Party No.2 : Mr. Shabbir Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-09-2016 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the alleged offences under Section 498A of the Indian Penal Code registered in connection with Complaint Case No. 2771C of 2013.

3. It is submitted that the petitioner has been falsely implicated. The petitioner expresses his willingness to keep the OP No. 2 with due dignity and honour but, the OP No.2 is resisting his company. The petitioner claims clean antecedents.

4. Learned counsel for the opposite party no. 2 is present but, however, informs that he has not received any response from the opposite party no. 2.

5. In that view of the matter, the provisional bail granted to the petitioner by order dated 28.07.2015 pending in the Court of learned Sub-Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 2771C of 2013 is hereby confirmed subject to the following conditions : (i) That the petitioner shall not indulge in any similar

Patna High Court Cr.Misc. No.29710 of 2015 (5) dt.14-09-2016 2/2 offence till conclusion of the trial.

(ii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/Chandran U T