High Court Patna High Court - Orders

Nehal Akhtar vs State Of Bihar &Amp; Anr on 7 September, 2010

Patna High Court – Orders
Nehal Akhtar vs State Of Bihar &Amp; Anr on 7 September, 2010
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.23772 of 2010
NEHAL AKHTAR, son of late basir @ jassir, resident of village - Gidarganj, P.S.
Andhrathadhi, District - Madhubani.
                                                                     ------------ Petitioner.
                                        Versus
1.    THE STATE OF BIHAR
2.    Shabana Khatoon, wife of Nehal Akhtar, resident of village - Gidarganj, P.S. -
Andhrathadhi, District - Madhubani.
                                                           ------------ Opposite Parties.
                                         -------

02. 07.09.2010 Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

Petitioner is named accused in this case being

husband of the complainant carries allegations apart from

demand of dowry, torture etc. of having illicit relationship with

another lady of the family. It is submitted that petitioner intends

to resume and continue marital life with the complainant.

If it is so, and petitioner by filing a petition before the

court below stating his intention with additional undertaking to

make payment of Rs. 600/- to the complainant by way of ad

interim maintenance subject to final order of the competent

court and starts making payment, and in the event of his

arrest/surrender before the court below within four weeks of

receipt of the copy of this order, petitioner, namely, Nehal

Akhtar, 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 Shri Prabhakar Jha, learned

Judicial Magistrate, 1st Class, Jhanjharpur, District –

Madhubani, in connection with Complaint Case No. 551 of

2009, T.R. No. 498 of 2010, subject to condition laid down
-2-

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 three years or

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

two consecutive dates and even one single default in payment,

the liberty shall be deemed to be cancelled.

Rajeev/                                              (Akhilesh Chandra, J.)