Md. Muzaffar Alam @ Muzaffar Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11865 of 2015 Arising Out of PS.Case No. -193 Year- 2014 Thana -AJAMNAGAR District- KATIHAR ======================================================

1. Md. Muzaffar Alam @ Muzaffar Alam Son of Late Sajid R/o Village Nimole Malikpur, P.S. Azam Nagar, District Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Khulekha Aehmedi D/o Md Gayasuddin, W/o md Muzaffar Alam AT present residign at Vill Nimole Malikpur, P.S. Azam Nagar, District Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Singh For the Opposite Party/s : Mr. Anusuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-07-2015 Petitioner being husband of the informant is apprehending his arrest in a case registered for the offences under Sections 323, 324, 341, 342, 498A of the Indian Penal Code.

The basic accusation is of torture.

On submission of learned counsel for the petitioner that petitioner is ready to keep the informant as wife with full dignity and honour, the notices were issued to the informant/O.P. No. 2. A statement to that effect has been made in para 8 of the petition which reads as follows :- "That the petitioner is husband of the informant and ready to keep her with full dignity and honour"

Patna High Court Cr.Misc. No.11865 of 2015 (3) dt.31-07-2015 2/3 The petitioner and the informant/O.P. No. 2 are present. The informant is not ready to accept the offer of the petitioner due to the past conduct of the petitioner. The marriage between the petitioner and the informant having no issue is admitted fact.

In the alternative, petitioner is ready to pay Rs. 1500/- to the informant from September, 2015, by depositing the same in the bank account of the informant by second week of every succeeding month. The aforesaid offer is acceptable to the informant who undertakes to supply the bank account number within a period of two weeks by filing the same on affidavit before learned Court below.

Considering the present stand of the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Ajam Nagar P.S. Case No. 193 of 2014.

The above mentioned payment will be subject to any order being passed in matrimonial or maintenance proceeding.

Three consecutive defaults in making payment will give liberty to the informant to file appropriate

Patna High Court Cr.Misc. No.11865 of 2015 (3) dt.31-07-2015 3/3 application for cancellation of bail of the petitioner. The present order, in no way will preclude the parties to resolve the issue otherwise.

(Dinesh Kumar Singh, J) Shageer/- U T