Haidar Ali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5172 of 2015 Arising Out of PS.Case No. -22 Year- 2014 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Haidar Ali Son of Jalal Aanjari Resident of vill-Ghorparkri.P.SInarwa,Distt-West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Saleha Khatoon Wife of Haider Ali,D/O Monaf Mian Resident of villGhorparkri.P.S-Inarwa,Distt-West Champaran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhagya Narayan Jha For the Opposite Party/s : Mr. Aditya Nr.Singh 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-05-2015 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under sections 120B,342,323,498A and 494 of the Indian Penal Code.

The basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that the petitioner is still ready to keep the informant as wife full dignity and honour though he has performed second marriage with the consent of the informant since there was no issue for

Patna High Court Cr.Misc. No.5172 of 2015 (4) dt.05-05-2015 2/3 several years after marriage.

The informant and the petitioner are present. The informant is not ready to accept the offer due to past conduct of the petitioner. However, the petitioner is ready to pay Rs.1500/- per month to the informant from June, 2015 by depositing the same in the bank account of the complainant by second week of every month. The offer is acceptable to the informant who undertakes to supply her bank account number to the petitioner by filing the same on affidavit before the learned court below within three weeks.

Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bettiah in connection with Inarwa P.S. Case No. 22 of 2014 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The aforesaid payment will be subject to any order being passed in matrimonial or maintenance or any other related proceeding.

Three consecutive defaults in making payment by the

Patna High Court Cr.Misc. No.5172 of 2015 (4) dt.05-05-2015 3/3 petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner.

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