Mubarak Hussain @ Md. Mubarak Hussain v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78313 of 2018 Arising Out of PS. Case No.-643 Year-2016 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Mubarak Hussain Son of Md. Ishaque Resident of Village - Satkawa, Police Station- Dighalbank, District-Kishanganj.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Naraj Khatoon Wife of Mubarak Hussain, Resident of Satkawa, At [present Laxmipuir Hospital Asptal Tola, P.S. KOrobari, Distt. - Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. C643 of 2016, disclosing offences under Section 498(A) of the Indian Penal Code. Allegation against the petitioner is of committing torture and harassment to the complainant, who happens to be his wife.

Submission of learned counsel for the petitioner is that the complainant herself is not ready to live along with the petitioner, which will appear from the impugned order. Heard learned A.P.P. also.

Having heard both sides, considering the above submission and from the impugned order it appears that during

Patna High Court Cr.Misc. No.78313 of 2018(2) dt.08-01-2019 2/2 reconciliation process, the complainant was not ready to live along with the petitioner, in such view of the matter, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released 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 learned Chief Judicial Magistrate, Kishanganj, in connection with Complaint Case No. C643 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to the condition that if any case for maintenance is being filed by the complainant, the petitioner shall cooperate in the said maintenance case, otherwise the complainant will be free to move for cancellation of the bail bonds of the petitioner before the learned court below itself. (Vinod Kumar Sinha, J) Amjad/- U T