IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.23874 of 2011
Md. Zahid, Son of Md. Maqusood, resident of village R.B.Jha Tola, East of
Bathnaha Rly Station, P.S. Bathnaha O.P. (Jogbani), District Araria.
---------- Petitioner
Versus
1.The State Of Bihar.
2.Abida Khatoon, Wife of Md. Zahid, D/O Wali Mohammad, resident of village
C.R.B. Jha Tola, East to Bathnaha Station, P.S. Bathnaha O.P. (Jogbani), District
Araria.
-------- Opposite Parties
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02/- 12/08/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner apprehends his arrest, in connection with
Complaint Case No. 1221 C of 2006 for the offences punishable under
Section 498A and 379 of the Indian Penal Code, pending in the court
of Chief Judicial Magistrate, Araria, is named accused in this case
with allegation of demand of dowry, torture etc.
Submission is that petitioner still intends to resume and
continue the matrimonial relationship with the complainant with all
due dignity and care, who is his one and only wife and one male child.
To further, strengthen his intention an offer is being made to pay a
sum of Rs. 700/- (seven hundred only) per month to the complainant
by way of interim maintenance, subject to any order on the point by
the competent court.
Considering the facts and circumstances of the case, on
the event of filing of an application before the court below, clearly
stating such intentions as stated above, in the event of his
arrest/surrender before the court below within four weeks, let the
above named petitioner be enlarged on bail on furnishing bail-bond of
2
Rs. 10,000/- (ten thousand only) with two sureties of the like amount
each to the satisfaction of Chief Judicial Magistrate, Araria, in
connection with Complaint Case No. 1221 c of 2006, subject to
condition laid down under Section 438(2) of the Criminal Procedure
Code with additional condition to remain physically present before the
court below on each and every date at least for two years or till
disposal of the case, whichever is earlier, in case of failure on two
consecutive dates, without giving any reasonable explanation or even
on single default in payment, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)