Md. Abdul Rehan @ Guddu v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9086 of 2017 Arising Out of PS.Case No. -372 Year- 2016 Thana -BARAUNI District- BEGUSARAI ====================================================== Md. Abdul Rehan @ Guddu, Son of Md. Sultan @ Funna, Resident of Village- Noorpur, P.S.- Barauni (Refinery O.P.), District- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ruksar Chandni @ Arju, Daughter of Md. Aftab Alam, Resident of Village- Rupaspur, P.O.- B.O.R., Ward NO. 16, P.S.- Barauni Refinery, O.P. District- Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sandip Kumar Gautam For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2017 Heard the learned counsel for the petitioner, the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Barauni P.S. Case No. 372 of 2016 for the offences punishable under sections 323, 354 (C), 498 (A) and 34 of the I.P.C.

The petitioner and opposite party no.2 are present and they submit that they are living happily. It is hoped that in future also both will live happily. The petitioner will file an affidavit in the learned court below in this regard that he will keep the

Patna High Court Cr.Misc. No.9086 of 2017 (4) dt.30-03-2017 2/2 opposite party no.2 with honour and dignity and the opposite party no.2 will also file affidavit in the court below that she will live as wife of the petitioner peacefully. When the petitioner will go out side of India to earn his livelihood he will pay Rs. 5,000/- per month to the opposite party no.2 for her maintenance and the opposite party no.2 will be at liberty either to live at her Naihar or at the rented place where at present she is residing. In the facts and circumstances as stated above, the petitioner, in case of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall 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. C.J.M. Begusarai in connection with above mentioned case, subject to the conditions as laid down in section 438 (2) of the Cr.P.C.

However, it is made clear that in case the petitioner does not fulfill his terms and conditions, as stated above, the opposite party no.2 will be at liberty to move before the learned court below itself for cancellation of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T