Md Fasi-Ul-Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6887 of 2024 Arising Out of PS. Case No.-87 Year-2022 Thana- ANTI District- Gaya ====================================================== Md Fasi-Ul-Haque S/O Ekram-Ul-Haque R/O Muslim Colony, MohallaKumharar, P.S- Agamkuan, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sana Azim W/O Md. Fasi-Ul-Haque, D/O Nasir Ali R/O Village- Madhuka, P.O And P.S- Anti, Distt.- Gaya.

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

For the Petitioner/s :

Mr.Ravi Bhardwaj For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 341, 504, 506, 498A and 34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have threatened the informant and her family.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner is the husband of the informant and a male child was born out of the wedlock on 07.02.2019. He submits that the informant had all of sudden left the matrimonial house along with her belongings including

Patna High Court CR. MISC. No.6887 of 2024(3) dt.15-05-2024 2/3 jewellery. The petitioner and his family tried to persuade her to join the matrimonial house but she had flatly refused. As a result of which the petitioner had filed a case for restitution of conjugal right under the Muslim Law being Matrimonial case No. 747 of 2020 before the Principal Judge, Family Court, Patna. The petitioner has also filed a case under Section 25 of the Guardians and Wards Act, 1890 for the custody of her minor son being Guardianship Case No. 54 of 2021 which is also pending for adjudication before the Principal Judge, Family Court Patna. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State and informant opposing the prayer for bail submit that the petitioner has deliberately furnished wrong address of the informant in the notice issued by the Hon'ble Patna High Court.

6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court

Patna High Court CR. MISC. No.6887 of 2024(3) dt.15-05-2024 3/3 in connection with Anti P.S. Case No. 87 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T