Safiur Rahaman v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31066 of 2014 Arising Out of PS.Case No. -51 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Safiur Rahaman, Son of Abdul Salam @ Teni, resident of village- Bankat Narkatiya, P.S.- Paharpur, District- East Champaran .... Petitioner

Versus

1. The State of Bihar

2. Samina Khatoon, daughter of Sainullah Ansari, resident of village- Sirsa, P.S.- Motihari Muffasil, District- East Champaran .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, A.P.P. For the Opposite Party/s : Mr. Surendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with in Trial No. 5483 of 2013 arising out of Complaint Case No. C-51 of 2013 registered for the offences punishable under Sections 323, 403, 352, 498(A) of the Indian Penal Code, seeks the privilege of pre-arrest bail.

After some argument, the learned counsel for the petitioner is ready to maintain the complainant by paying Rs. 1500/- per month till the order is passed by the Principal Judge, Family Court, Motihari.

The learned counsel for the complainant submits that in case the petitioner pays Rs. 1500/- per month to the

Patna High Court Cr.Misc. No.31066 of 2014 (2) dt.29-01-2015 complainant for her maintenance and maintenance of her son till the order passed in maintenance case pending in the court of Principal Judge, Family Court, Motihari. The petitioner may be released on anticipatory bail.

In the facts and circumstances as stated above, in case the petitioner deposits Rs. 1500/- by 10th of each month either in the account of complainant or in the court for her maintenance and maintenance of her son till the order is passed by the Principal Judge, Family Court, Motihari, the petitioner, in case of his arrest or surrender shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below i.e. in the court of Sri S.K. Mishra, the learned Judicial Magistrate 1st Class, Motihari, East Champaran in Trial No. 5483 of 2013 arising out of Complaint Case No. C-51 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C. and further that if, the payment will be stopped the bail granted to the petitioner shall be deemed to be cancelled.

(Jitendra Mohan Sharma, J.) Vats/- U T