Md. Rafiuddin v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15373 of 2015 Arising Out of PS.Case No. -367 Year- 2014 Thana -JAGDIHSPUR District- BHOJPUR ======================================================

1. Md. Rafiuddin S/o Md. Fariuddin, resident of Village- Piro, P.s Piro, District- Bhojpur .... .... Petitioner

Versus

1. The State of Bihar

2. Juhi Khatoon D/o Md. Harun Khanad W/o Md. Rafiddin, resident of Village- Piro, P.s Piro, District- Bhojpur At present Village- Dawa, P.s.- Jagdishpur, District- Bhojpur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Syed Ehteshamuddin For the Opposite Parties : Mr. Sunil Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences under Sections 323, 354, 406, 498A, 504/34 of the Indian Penal Code.

In pursuance to the order dated 15.04.2015 the petitioner and the informant are present. The factum of marriage between the petitioner and informant having no issue is admitted fact. The petitioner is ready to keep the informant as wife with dignity and honour but the informant is not ready to accept the offer of the petitioner as she is apprehensive due to the past conduct of the petitioner.

In the alternative, petitioner is ready to make payment of 1200/- to the informant from July, 2015, by depositing the same in the bank account of the informant by second week of every month. The aforesaid offer is acceptable

Patna High Court Cr.Misc. No.15373 of 2015 (3) dt.07-05-2015 2/2 to the informant who undertakes to supply her bank account number within a period of four weeks by filing the same on affidavit before learned Court below.

Considering the stand of the parties, let the petitioner, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Ara in connection with Jagdishpur P.S. Case No. 367 of 2014.

The aforesaid payments will be subject to any order being passed in matrimonial or maintenance proceeding. Three consecutive defaults in making payment will give liberty to the informant to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T