Allowed

Md. Mojahid v. State Of Bihar and Anr.

Patna HC20 May 2019CR. MISC./64641/2018

Case brief

AI extract

What is this about?

The Patna High Court considered an anticipatory bail application arising from a domestic dispute. Mediation failed between the parties. The court granted bail contingent upon surrender or arrest within four weeks, specifying bond amounts and sureties under Section 438(2) Cr.P.C.

What did the court decide?

Petitioner granted bail on surrender or arrest within four weeks by furnishing bond of Rs. 10,000 with two sureties of like amount under S. 438(2) Cr.P.C.

Md. Mojahid Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.64641 of 2018

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Arising Out of PS. Case No.-2932 Year-2015 Thana- COMPLAINT CASE District- Araria

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======================================================

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Md. Mojahid Son of Md. Zahir Resident of Village-Purwari Jhirwa,Ward No.01,P.S. Simraha,Distt.-Araria

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... ... Petitioner/s

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Versus

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State Of Bihar

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Bibi Rubbo Khatoon D/o Late Nazamuddin Wife of Md. Mojahid Resident of Village-Madarganj,Ward No.11 P.S. Simraha,Distt.-Araria

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ramesh Kumar Singh For the Opposite Party/s : Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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5 20-05-2019

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Heard learned counsels for the petitioner and the

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State.

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This matter was sent to mediation by order dated 15.02.2019. The mediation report has been received and is kept at Flag-M. Perusal of the report shows that the mediation has resulted in a failure.

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Learned counsel for the petitioner submits that petitioner is still ready to keep the complainant with honour and dignity, but it is the complainant who does not want to live with this petitioner. It is further submitted that even after mediation she went with this petitioner but after some time she again fled away from there. Moreover, with the

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Patna High Court CR. MISC. No.64641 of 2018(5) dt.20-05-2019 2/2

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same set of allegations, the complainant has also filed a first information report bearing Forbesganj (Simraha) P.S. Case No. 65 of 2016.

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Learned counsel appearing for the opposite party no. 2 submits that she is ready to live with this petitioner, but petitioner ousted her from her matrimonial house after assaulting and torturing her.

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Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Araria in connection with Complaint Case No. 2932 C of 2015 subject to the conditions laid down under section 438(2) Cr.P.C.

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(Arvind Srivastava, J)

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mcv/-

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U T

Md. Mojahid v. State Of Bihar and Anr.

Case brief

What is this about?

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Md. Mojahid v. State Of Bihar and Anr.

Case brief

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