Manzar Alam @ Md. Manzur Alam @ Manzer v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27206 of 2016 Arising out of P.S. Case No. -754 Year- 2013 Thana - COMPLAINT CASE District- ARRARIA ================================================== Manzar Alam @ Md. Manzur Alam @ Manzer Son of Md. Hasir Resident of Village-Lahtora, Matiyari, P.S. Mahalgaon District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. kahkashan Perveen Wife of Manzar Alam Daughter of Md. Abid Resident of VillageChainpur P.S.

Mahalgaon,District Araria. .... .... Opposite Party/s ================================================ Appearance :

For the Petitioner/s : Md. Ziaul Quamar, Adv. For the Opposite Party/s: Smt. Renuka Ratnakar, Adv. ================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02.

26.07.2016 Heard learned counsel for the Petitioner and the State.

The Petitioner being the husband of the complainant is languishing in custody since 28.04.2016 in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences under Sections 341, 323, 505, 498A and 379 of the Indian Penal Code.

The basic accusation is of torture.

It appears that the petitioner was granted provisional anticipatory bail vide order dated 15.05.2014 passed in Cr. Misc. No. 17738 of 2014 on payment of Rs. 750/- per month in favour of the complainant. The provisional anticipatory bail of the petitioner was

Patna High Court Cr.Misc. No.27206 of 2016 (2) dt.26-07-2016 confirmed on 06.05.2015 with a direction to pay Rs. 1500/- per month but the petitioner failed to deposit the said amount and, hence, the bail bond was cancelled on 12.04.2016. The Principal Judge, Family Court, Araria vide order dated 01.06.2016 in Maintenance Case No. 38M of 2014 directed the petitioner to make payment of maintenance amount of Rs. 3,000/- per month from the date of order.

Learned counsel for the petitioner undertakes to comply the order of the Principal Judge, Family Court, Araria within four months of release.

Considering the aforesaid facts, let the petitioner, above named be released on provisional bail for a period of five months on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Araria in connection with C.A. No. 754C of 2013. The provisional bail will be confirmed by the learned court below on compliance of the order of maintenance amount as directed by the Family Court, Araria within four months.

Vikash/- (Dinesh Kumar Singh, J.) U T