Md. Zubair @ Md. Zubair Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70226 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- MAHILA P.S. District- Araria ====================================================== Md. Zubair @ Md. Zubair Alam, S/o Doman, Resident of Village- Kadwa, P.S.- Raniganj, District- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Najli, W/o Md. Zubair @ Md. Zubair Alam, D/o Md. Idris, Resident of Village- Rampur Kodarkatti, P.S.- Araria, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Naushad Uzzoha For the Opposite Party/s :

Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Araria Mahila P.S. Case No. 08 of 2018, disclosing offences under Sections 323, 341, 498A, 494, 504 and 506/34 of the Indian Penal Code.

The petitioner is the husband of the informant. The marriage between them solemnized nearly 10 years ago. There is allegation that after two children were born out of the wedlock, the petitioner started making demand of dowry. There is also allegation that the petitioner has developed illicit relationship with someone else.

On perusal of the first information report, I am of

Patna High Court Cr.Misc. No.70226 of 2018(2) dt.18-12-2018 2/2 the view that the matrimonial discord between the petitioner and the informant is the main reason behind registration of the present first information report.

Considering the facts and circumstances of the case, this application is 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 learned Sub Divisional Judicial Magistrate, Araria in Araria Mahila P.S. Case No. 08 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 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) Ashish/- U T