IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21074 of 2010
ARSHAD ALAM, S/O Mir Akhtar,
R/O Village Budhawa Champapur, P.S. Shikarpur, Distt. West Champaran
.........Petitioner
Versus
1.
THE STATE OF BIHAR
2.SHAMA PRAVEEN, D/O Syd Md. Kamruddin, Residing Ujjain tolla,
Bettiah, P.O. & P.S. Bettiah(T), Distt. West Champaran
………Opposite parties.
02. 02.08.2010 Heard learned counsel for the petitioner and Additional
Public Prosecutor for the State and Sri Bimlesh Kumar Pandey for
Opposite Party No. 2, on whose behalf counter affidavit has been
filed.
The petitioner is named accused in this complaint case
being husband of the complainant carries allegation of demand of
dowry, torture etc. It is admitted position that for some period, the
petitioner had gone to foreign countries and the dispute between the
parties developed. There was one proceeding under Section 125
Cr.P.C. besides the next party directing the petitioner to pay a sum of
Rs. 3,000/- for the wife and 2,000/- for the only daughter, aged about
eleven years. The petitioner has taken steps to get the ex-parte, order
set-aside. However, considering the relationship between the parties,
the petitioner, in the event of deposit of Rs. 10,000/- in the Family
Court, Bettiah in the proceeding under Section 125 Cr.P.C. as security
money and also paying Rs. 2,000/- for wife, the complainant and Rs.
1,000/- for the informant per month, subject to adjustment and final
decision of the Family Court.
Considering the facts and circumstances of the case, in the
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event of his arrest/surrender before the court below within six weeks
of receipt of the copy of this order, petitioner namely, Arshad Alam, is
directed to be released 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, West Champaran at
Bettiah, in connection with Complaint Case No. 2885-C/08 (Tr. No.
440/10), 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 one year during which the parties shall negotiate for
settlement and disposal of the case amicably or till disposal of the case
whichever is earlier, in case of failure on two consecutive dates, the
liberty shall be deemed to be cancelled.
Praveen (Akhilesh Chandra,J.)