Md. Sarbool @ Md. Sarubal v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33823 of 2016 ====================================================== MD. SARBOOL @ MD. SARUBAL SON OF MD. ISHAQUE RESIDENT OF VILLAGE- AGACHIYA, P.S. AMOR, DISTRICT-PURNEA .... .... PETITIONER/S
VERSUS
1. THE STATE OF BIHAR
2. BIBI AFSANA WIFE OF MD. SARBOOL @ MD. SARUBAL D/O QUARBAN RESIDENT OF VILLAGE- DHARIYA, P.S. AMOUR, DISTRICT-PURNEA .... .... OPPOSITE PARTY/S ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Ranjan Kr. , Adv. For the Informant : Mr. Pushpendra Kr. Singh, Adv. For the State : Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 4.
19-04-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.
Instant petition has been filed for modification of order dated 15.10.2015 passed in Cr. Misc. No.31943/2015. The dispute happens to be amongst spouse. The court tried to reconcile the matter amongst the spouse and for that, petitioner was granted provisional bail vide order dated 14.08.2015 but could not avail the same for want of bailor. However, considering the rival submission whereunder wife herself volunteered to become bailor, the provisional bail so granted was confirmed vide order dated 15.10.2015 identifying the wife to be one of the bailor which the petitioner duly acknowledged. Subsequently, as appears from the conduct of the petitioner he had developed some sort of adverse perception whereupon filed instant petition for modification of the order
Patna High Court Cr.Misc. No.33823 of 2016 (4) dt.19-04-2017 on that very score whereupon, was inquired upon is he intend to pay the maintenance to his wife as well as minor daughter who happens to be deserted one. Although, there happens to be some sort of deviation in the supplementary affidavit however at para-5 had shown his inclination to pay maintenance to his wife as well as minor daughter and further under para-6 has incorporated that he happens to be a labour.
Even considering the submission of the petitioner, there happens to be job security under MANREGA Scheme and in the aforesaid background on payment of rupees three thousand per month as maintenance amount which will be for the present purpose only, keeping the matter finally adjudicated upon in case is brought up at the end of wife as well as daughter of the petitioner in due process of law and further, with a condition that default of any installment will automatically liable cancellation of bail, and further payment should be made in first week of each month the order dated 15.10.2015 passed in Cr. Misc. No.31943/2015 is allowed to be modified in following terms.
Petitioner Md. Sarbool @ Md. Sarubal Is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned First Addl. Sessions Judge, Purnea in connection with Sessions Trial No.1225/2014 arising out of Amour P.S. Case No.281/2014 with a further condition that learned lower court will satisfy itself himself regarding soundness of the bailor so that appearance of the petitioner should be during trial.
Patna High Court Cr.Misc. No.33823 of 2016 (4) dt.19-04-2017 With the aforesaid modification Cr. Misc. No.33823/2016 is disposed of.
(Aditya Kumar Trivedi, J.) Prakash Narayan U T