High Court Patna High Court - Orders

Md. Kalam vs The State Of Bihar on 2 September, 2011

Patna High Court – Orders
Md. Kalam vs The State Of Bihar on 2 September, 2011
                             IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.26543 of 2011

                    Md. Kalam, Son of Late Md. Urfan, Resident of Village Jhamta, P.S.
                    Tarabari (Araria), District Araria.
                                                                           ---------- Petitioner
                                                        Versus
                    The State Of Bihar.
                                                                    -------- Opposite Party
                                                     --------------

02/- 02.09.2011 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with a

case registered for the offence punishable under Section 498(A) of the

Indian Penal Code is named accused in this complaint case with

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

Submission is that 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, Araria,

in connection with Complaint Case No. 264C of 2001, subject to
2

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.)