High Court Patna High Court - Orders

Eershad Aalam @ Md. Eershad Alam vs The State Of Bihar on 13 July, 2011

Patna High Court – Orders
Eershad Aalam @ Md. Eershad Alam vs The State Of Bihar on 13 July, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.20066 of 2011
                           Eershad Alam @ Md. Eershad Aalam
                                             Versus
                                      The State Of Bihar
                                           -----------
                   For the Petitioner    :- Mr. Birendra Kumar, Adv.
                   For the Complainant :- Mr. Arjun Prasad No. 1, Adv.
                   For the State         :- Mr. Manish Kumar - 2, A.P.P.
                                            ----------

02/-   13.07.2011                    Heard learned counsel for the petitioner, learned counsel

for the complainant who appeared suo motu by filing power, whose

name also appears in daily cause list.

Petitioner is named accused in this complaint case being

husband of the complainant, carries allegation of demand of dowry,

torture etc. It appears that within a short span of marriage, the couple

dragged into litigation more than once. However, it is submitted that

the couple still intends to continue their marital life. Taking into

consideration, subject to filing of an application before the court

below stating such intention with an offer to pay a sum of Rs. 500/-

(five hundred only) per month by way of ad interim maintenance to

the complainant and subject to any order on the point by the

competent court, in the event of his arrest/surrender within a period of

four weeks, let the petitioner, namely, Eershad Alam @ Md. Eershad

Aalam, be enlarge 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, Nawada, subject to

condition laid down under Section 438 (2) of the Code of Criminal

Procedure, with additional condition to remain physically present

before the court below on each and every date at least for two years or
2

till disposal of the case, whichever is earlier, in case of failure on two

consecutive dates without any reasonable explanation or even single

default in payment, the liberty granted shall be deemed to be

cancelled.

Praveen/-                                         ( Akhilesh Chandra, J.)