Md. Mobin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75269 of 2019 Arising Out of PS. Case No.-410 Year-2016 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== MD. MOBIN Son of Mujaffar Hussain @ Mojaffar Hussain Resident of Village - Devaria, P.S.- Jamhore, Distt.- Aurangabad (Bihar) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shayada Khatoon Wife of Md. Mobin Daughter of Kutub Rabbani, Resident of Village - Devaria, P.S.- Jamhore, Distt.- Aurangabad (Bihar) At present - Dhangain, P.S.- Jamhore, Distt.- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar Singh For the Opposite Party/s :
Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner apprehends his arrest in connection with Complaint Case No. 410/2016 registered for the offences punishable under Sections 323/498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner has taken this Court to paragraph No. 8 of the bail petition in which he has mentioned that the opposite party No. 2 has re-married and, therefore, she has lost interest in the present proceeding. Considered the submissions of the petitioner that
Patna High Court CR. MISC. No.75269 of 2019(7) dt.18-01-2022 2/2 despite service of notice the opposite party No. 2 has not appeared in this proceeding and also taking into consideration the facts and circumstances of the case, the present anticipatory bail application is allowed.
Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Aurangabad, in connection with Complaint Case No. 410/2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Sandeep Kumar, J) Saif/- U T