IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.5547 of 2011
Md. Khurshid Alias Md. Khurshid Alam, Son of Late Md. Ismail,
Resident of Village Amritpur, P.S. Sadar, District Hazaribagh, State of
Jharkhand.
---------- Petitioner
Versus
The State Of Bihar
-------- Opposite Party
-----------
05/- 10/08/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State, who is armed with carbon
copy of the case diary.
The petitioner apprehends his arrest, in connection with
Kotwali P.S. Case No. 281 of 2008 for the offences punishable under
Section 366 of the Indian Penal Code, pending in the court of Chief
Judicial Magistrate, Gaya, is one of the named accused in this case
instituted on the basis of Complaint Case No. 1991 of 2008.
Submission is that after two months of complainant-
informant remaining outside the house, no information or F.I.R. was
lodged with the police from her family members. This itself is
sufficient to show the gravity of the alleged offence. Further,
submission is that co-accused i.e. wife of the petitioner has already
been granted the privilege by a Bench of this Court vide order dated
15.11.2010 passed in Cr. Misc. No. 40932 of 2010. The parties
appear to have compromised the case and accordingly petition for
compromise is on record.
If it is so, on the event of complainant-informant by
appearing before the court below supports the factum of compromise
with her free will and consent without any coercion and her husband
2
stood as one of the bailors, 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
Chief Judicial Magistrate, Gaya, in connection with Kotwali P.S. Case
No. 281 of 2008, 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 of till disposal of the case, whichever is earlier, in
case of failure on two consecutive dates, without giving any
reasonable explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)