Zafeer Alam @ Md. Jafir Alam @ Jumman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40382 of 2021 Arising Out of PS. Case No.-476 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== ZAFEER ALAM @ MD. JAFIR ALAM @ JUMMAN Son of Shekh Monaf Resident of Village- Gaad Bahuari, P.S.- Palanwa, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Husne Ara Khatoon Wife of Zafeer Alam @ Md. Jafir Alam @ Jumman and Daughter of Shekh Ebrahim Presently residing at Village- Piparpati, P.S.- Ramgarhwa, District- East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Anis Akhtar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner apprehends his arrest in connection with Complaint Case No. 476 of 2019 registered for the offences punishable under Sections 498-A of the Indian Penal Code.

It has been submitted by learned counsel for the opposite party No. 2 that a Maintenance Case No. 46 of 2020 has been filed by the opposite party No. 2 is pending in the Court of Principal Judge, Family Court, Motihari and the petitioner is avoiding appearance in that case. Petitioner is directed to appear in the aforementioned

Patna High Court CR. MISC. No.40382 of 2021(2) dt.28-01-2022 2/2 maintenance case pending in the Court of Principal Judge, Family Court, Motihari.

Considering the facts and circumstances of the case and the law laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 273], the present anticipatory bail application is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of ten weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Raxaul at Motihari, in connection with Complaint Case No. 476/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. It is directed that the maintenance case shall be decided by the Principal Judge, Family Court, Mothiari, within a period of three months from today and submit a compliance report before this Court.

Put up this case after three months for compliance report.

(Sandeep Kumar, J) Saif/- U T