Md. Ishteyak Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31710 of 2015 Arising Out of PS.Case No. -312 Year- 2014 Thana -NANPUR District- SITAMARHI ====================================================== Md. Ishteyak Ahmad, Son of Late Md. Alam, resident of Village-Ishlampur, Police Station- Nanpur, District Sitamarhi .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjeet Kumar Tiwari, Advocate For the S t a t e : Mr. Dilip Kumar(APP) For the Informant : Mr. Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioner and the learned counsel for the informant as well as the learned counsel for the State.

The petitioner and the informant are present together. It appears that despite the order dated 16.12.2015, the petitioner could not go and collect his wife (the informant). The informant, however, submits that the petitioner did not come at all and it was only after she went for treatment to Darbhanga on 12.12.2015, that the petitioner may have come. She submits that his conduct is such that she has virtually left him as he has remarried not once but twice. Considering the entire gamut of circumstances and also that the informant is not willing to live with the petitioner

Patna High Court Cr.Misc. No.31710 of 2015 (5) dt.27-01-2016 2/3 considering his past conduct, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Pupari DistrictSitamarhi, in connection with Nanpur P.S. Case No.312 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that both the parties shall appear in the court below and co-operate in the progress of the trial. It is also made clear that the petitioner, in the meantime, will pay to the informant a sum of Rs.3,000/- (Three thousand) per month by the 15th of each month; beginning February, 2016, which is to be deposited in the court below so that she may sustain herself and meet her medical requirements as she is under treatment for heart ailments.

If, however, the petitioner does not pay the aforementioned amount for two consecutive months, it shall be open to the informant to move the court below for seeking appropriate legal remedy, including modification/cancellation of

Patna High Court Cr.Misc. No.31710 of 2015 (5) dt.27-01-2016 3/3 this order.

(Anjana Mishra, J) PNM U T