Patna High CourtCR. MISC./5147/2019allowed

Mohamad Junain @ Md. Junain v. State Of Bihar And ANR

2019-01-30Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5147 of 2019 Arising Out of PS. Case No.-2340 Year-2008 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Mohamad Junain @ Md. Junain Son of Mahmad Keyamudin, Resident of Village - Anayay, P.S. Parsa, District-Saran. ... ... Petitioner/s

Versus

1. The State of Bihar.

2. Hasina Khatun W/o Junain, D/o Hajrat Ali, Resident of Village - Anayay at Present Manpura, P.S. Parsa, Distt Saran at Chapra. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 30-01-2019 Learned counsel for the petitioner is permitted to make necessary correction in Para-9 of this petition during the course of a day.

Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is in custody in connection with Complaint Case No. 2340 of 2008 for the offences under Sections 323, 379, 498(A) of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and he is in custody since 21.09.2018. He further submits that earlier the petitioner was

Patna High Court Cr.Misc. No.5147 of 2019(2) dt.30-01-2019 2/2 granted bail but on account of non appearance of the petitioner before the Court below, his bail bond was cancelled in the year 2012.

Learned counsel for the petitioner submits that the husband and his wife has compromised this dispute. Having regard to the judgment of the Apex Court in the case of Gian Singh Vs. State of Punjab (2012)10 SCC 303 and the statement as to compromise between parties, the Court is inclined to grant bail to the petitioner, let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Court of learned Sub Divisional Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 2340 of 2008 vide Tr. No. 292 of 2018.

(Anil Kumar Upadhyay, J) mdrashid/- U T