Full Judgment
1. Md. Afroz, son of Md. Qurban, resident of village-Tal Sehan Chhotaki Chhapra, P.S.-Guroul Katahara, District-Vaishali. Versus 1. The State of Bihar.
2. Sitara Khatoon, wife of Md. Afroj and daughter of Md. Ajiz, presently residing at village-Hemanpur, P.O.- Sivaisinghpur, P.S.-Mohiuddin Nagar, District-Samastipur. --------------”
11. 01.2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with a case registered under Sections 323, 498A/34 of the Indian Penal Code and Section of Dowry Prohibition Act. It is submitted that prior to the institution of the present case the petitioner had already filed Matrimonial Case No. 22 of 2011 on 9.2.2011 which is pending in the court of Principal Judge, Family Court, Samastipur for restitution of conjugal right. The present case was instituted subsequently, initially as a complaint which was sent to police in exercise of power under Section 156(3) of the Cr. P.C. and, accordingly, F.I.R. was registered on 2.8.2011. It is also stated that the present case was filed after receipt of the notice in the matrimonial case. Considering the aforesaid facts, let the petitioner above named in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned 2 Chief Judicial Magistrate, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 122 of 2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet/ (Ashwani Kumar Singh, J.)