Syed Akil Alam v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7755 of 2019 Arising Out of PS. Case No.-526 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== SYED AKIL ALAM, son of Syed Safique Alam, Resident of Village - Pakriya, P.S. Panki, District - Palamu (Jharkhand) ... ... Petitioner/s

Versus

The State of Bihar Sabnam Khatoon, Wife of Syed Akil Alam, Daughter of Syed Salumuddin, Resident of Village - Chausa, P.S. Buxar Town, District - Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 Heard both sides.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 526 (C)/2017, disclosing offences under Sections 498 A/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

In pursuance to order dated 21.02.2019 both the parties are physically present in the chambers today. Petitioner, who is husband of complainant, has submitted that he is working in Jharkhand Police as constable and is unable to keep the complainant with himself permanently at his place of posting, however, he has stated that he is ready to keep the complainant to his parents house at Buxar.

On the other hand, the complainant expressed her

Patna High Court CR. MISC. No.7755 of 2019(4) dt.28-02-2019 2/2 desire to live with the petitioner.

Having heard both sides, considering the submissions of both the parties, this application is disposed of with direction to the petitioner to surrender before the court below within six weeks and file a petition to the effect that he will keep the complainant with himself at least for twenty days in every two months and will also pay an amount of Rs. 10,000/- each month to the complainant towards her maintenance till any maintenance case is being filed and any interim/final order is passed and if such a petition is filed and the petitioner is ready to abide by the above terms and conditions, the court below shall release the petitioner on bail to his own satisfaction on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount, in connection with Complaint Case No. 526 (C)/2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

It is made clear that if the petitioner fails to abide by the above direction, the complainant will be at liberty to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T