Rahimul @ Boka v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14092 of 2017 Arising Out of PS.Case No. -7 Year- 2016 Thana -AWADPUR District- KATIHAR ======================================================

1. Rahimul @ Boka Son of Late Asiruddin, Resident of Village- Sakpan, P.S.- Abadpur, District- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rubi Khatoon , Wife of Late Md. Samir, Resident of Village- Sakpan, P.S.- Abadpur, District- Katihar, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar No.6 For the Respondent : Mr. Lala Singh For the State : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the opposite party No. 2 as well as learned Additional Public Prosecutor for the State.

The petitioner as well as opposite party No. 2 are present in Chambers in pursuance of the earlier order passed by this Court. It appears from the submission of the parties and reiterated by the opposite party No. 2 that the compromise has been effected between them and now opposite party is living in the same house and she has got her share of property from the petitioner after due partition. She, thus, submits that she will not oppose the application for bail.

In view of the aforementioned facts and circumstances, let the petitioner abovenamed, in the event of his arrest / surrender

Patna High Court Cr.Misc. No.14092 of 2017 (3) dt.17-05-2017 P2/2 within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Katihar in connection with Abadpur P.S. Case No. 7/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

It is, however, made clear that the present order shall be subject to the continuance of good behaviour of the petitioner visà-vis the opposite party No. 2. It is further clarified that if at all there is any recurrence of any act which may lead to the mental torture to herself and her child, it shall be open to her to move the local police along with the copy of this order to seek appropriate action in accordance with law.

(Anjana Mishra, J) Saif/- U T