High Court Patna High Court - Orders

Md. Haidar Ali vs The State Of Bihar & Anr. on 26 September, 2011

Patna High Court – Orders
Md. Haidar Ali vs The State Of Bihar & Anr. on 26 September, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Criminal Miscellaneous No.29808 of 2011

                Md. Haidar Ali, Son of Md. Ahmad Hussain, resident of Village and P.O.
                Benipur, P.S. Bahera, District Darbhanga.
                                                                          -------Petitioner
                                                   Versus
                1.The State Of Bihar.
                2.Meena Khatoon, Wife of Md. Haidar, R/o Village and P.O. Mithila
                Deep, P.S. Madhepur, District Madhubani.
                                                                  -----Opposite Parties
                                                --------------

02/- 26.09.2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehending his arrest in connection

with a case registered for the offence punishable under Section of

the Indian Penal Code is named accused in this case with

allegation of demand of dowry, torture etc. to the complainant.

Submission is that one matrimonial case bearing no.

157 of 2010 filed at the instance of this petitioner, is already

pending in the court of Principal Judge, Darbhanga. However,

petitioner intends to resume and continue the matrimonial

relationship with the complainant, who is his one and only wife.

To further, strengthen his intention an offer is being made to pay a

sum of Rs 500/- (five 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 an application before the court below, clearly

stating such intention as stated above and begin with the payment,

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 Rs. 10,000/- (ten thousand only) with two

sureties of the like amount each to the satisfaction of Sub-

Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in

connection with C.R. No. 980/2010 / T.R. No. 2783/2011, 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.

( Akhilesh Chandra, J.)
Praveen/-