Md. Tabrej Alam @ Temraj Alam @ Tabraj Alam v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.21678 of 2014 (7) dt.24-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21678 of 2014 Arising Out of PS.Case No. -115 Year- 2013 Thana -COMPLAINT CASE District- SUPAUL ====================================================== Md. Tabrej Alam @ Temraj Alam @ Tabraj Alam, son of Md. Samtullah @ Samtullah, resident of village Kamalpur, Ward No. 6, P.S. Balua Bazar, district Supaul .... Petitioner

Versus

1. The State of Bihar

2. Bibi Maisun Khatoon, daughter of Md. Gaffar, wife of Md. Tabrej Alam Temraj Alam, resident of village Kamalpur, Ward No. 6, P.S. Balua Bazar, district Supaul .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar @ S.K., Advocate For the State : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 24-04-2015 Heard the learned counsel for the petitioner, the complainant and the State.

This is a petition for grant of anticipatory bail for offence under Section 498A of the Penal Code.

There is allegation of demand and subjecting cruelty. The demand, alleged, was for a motorcycle and rupees fifty thousand and for which the victim-wife has been driven out of her matrimonial home. However, even after the complaint did not appear.

The learned counsel for the petitioner, however, contends that the petitioner is ready to keep the victim-wife with full dignity.

Hence, having regard to the facts and circumstances of the case, the petitioner, above named, in the event of his arrest or surrender,

Patna High Court Cr.Misc. No.21678 of 2014 (7) dt.24-04-2015 within four weeks from the date of receipt of this order, is directed to be released on provisional bail for four months on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 115C of 2013 to the satisfaction of the Subdivisional Judicial Magistrate, Birpur, Supaul, subject to the conditions that the trial Court shall call the victim-wife and if the victim-wife is ready to live with the petitioner, then, the trial Court shall confirm the provisional bail of the petitioner subject to his satisfaction that the petitioner is keeping his victim-wife with full dignity. However, if for any reason the victim-wife is not ready to live with the petitioner, then, the petitioner shall pay Rs.1200/- per month till any other maintenance decided by a competent Court.

(Gopal Prasad, J) SA/- U √ T √