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Patna High Court - Orders

Md. Firoz @ Md. Firoz Mansoori vs The State Of Bihar on 25 March, 2022

Author: Sandeep Kumar

Bench: Sandeep Kumar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.65532 of 2021
                      Arising Out of PS. Case No.-93 Year-2021 Thana- MAHILA P.S. District- Araria
                 ======================================================
                 Md. Firoz @ Md. Firoz Mansoori, S/o Md. Rajjak Mansoori, Resident of
                 Village- Palasi, Ward No.05, P.S.- Palasi, District- Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rabina Khatoon, W/o Md. Fiorz @ Md. Firoz Mansoori, D/o Md. Farooque,
                 R/o Village- Ramayee, Ghoraghat, Ward No.02, P.S.- Forbesganj, District-
                 Araria.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Naushad Uzzoha, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   25-03-2022

Heard learned counsel for the petitioner, learned APP for the State and learned counsel for opposite party no.2 through video conferencing.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner apprehends his arrest in connection with Araria Mahila P.S. Case No. 93 of 2021 registered for the offences under Sections 498(A), 341, 323, 342/34 of the Indian Penal Code.

Pursuant to the order dated 04.02.2022 notice was issued to opposite party no.2.

Patna High Court CR. MISC. No.65532 of 2021(3) dt.25-03-2022 2/3 In view of the statement of the petitioner and the opposite party no.2 that they want to stay together.

In such view of the matter, the petitioner is directed to visit his Sasural and take opposite party no.2 with him before 12.04.2022 and thereafter both the parties will file an application in the Court below that they have amicably settled their disputes and they are staying together. The petitioner will also provide a separate mobile phone and number to opposite party no.2 from which she can talk to her parents as and when she desires.

On filing of the aforesaid application by both the parties in the Court below, the Court below will release the petitioner on provisional bail for a period of three months on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria, in connection with Araria Mahila P.S. Case no. 93 of 2021 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Till filing of the application by the opposite party no.2 and her husband (petitioner) in the court below, the petitioner shall not be arrested in connection with aforesaid case. Patna High Court CR. MISC. No.65532 of 2021(3) dt.25-03-2022 3/3 It is made clear that for non compliance of this order, bail bond of the petitioner shall stand automatically cancelled.

This application is, accordingly, disposed of.

(Sandeep Kumar, J) uday/-

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