Md. Mahboobur Rahman @ Mahboob Khan @ Md. Mahboobur Rahman Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79406 of 2019 Arising Out of PS. Case No.-22 Year-2019 Thana- MAHILA P.S. District- Araria ====================================================== MD. MAHBOOBUR RAHMAN @ MAHBOOB KHAN @ MD. MAHBOOBUR RAHMAN KHAN S/o Late Khalil Khan Resident of Balthi Maheshpur, P.S.- Kursela, Distt.- Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Mahila P.S.Case No.22 of 2019 , registered for offences punishable under Sections 143, 341, 323, 504, 506, 498A and 354B of the Indian Penal Code.

Petitioner happens to be father -in-law of the informant and so far this petitioner is concerned there is allegation that he tried to commit rape upon the informant. Case is under Section 498A of the IPC and the petitioner along with husband and others were made accused.

Submission of the learned counsel for the petitioner is that in this case a co-ordinate Bench of this Court, vide order

Patna High Court CR. MISC. No.79406 of 2019(2) dt.20-01-2020 2/2 dated 11.1.2019 passed in Cr. Misc. No.81132 of 2019 has allowed provisional bail to the husband on the ground that there is a chance of restitution of the matrimonial relationship and the allegation of attempting to rape is false and he is still ready to co-operate in the settlement of the dispute between the parties.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Araria in connection with Araria Mahila P.S.Case No.22 of 2019 with condition that he will try to co-operate in the restitution of the matrimonial relationship between the his son and the informant and will not create any obstacle in the same. With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T