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Patna High CourtCR. MISC./55836/2024bail granted

Ekram Alam @ Md. Ekram @ Md. Ekram Alam v. The State Of Bihar

2024-12-02Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55836 of 2024 Arising Out of PS. Case No.-14 Year-2023 Thana- MAHILA P.S District- West Champaran ====================================================== Ekram Alam @ Md. Ekram @ Md. Ekram Alam Sonof Anwar Ali R/VVillage- Sheikh Dhurwa, P.S.- Bettiah Muffasil (Manuapool O.P.), Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbu Tarnnum @ Gulnaz Khatoon D/O- Sheikh Gaffar, Wife Of Md. Ekram R/V- Village- Sheikh Dhurwa, P.S.- Bettiah, Muffasil (Manuapool O.P.), Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the State :

Mr. Sanjay Kumar Pandey, APP For the Opposite Party No. 2 :

Mr. Umesh Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-12-2024 Heard Learned Counsel for the petitioner, Learned Counsel for the Opposite Party No. 2 and Learned Counsel for the State.

2. The petitioner is apprehending his arrest in connection with Bettiah Mahila P.S. Case No. 14 of 2023, lodged on 27.03.2023, for the offences punishable under Sections 498(A), 341, 323, 504, 354(B), 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Vide order dated 07.08.2024, on the joint request of the parties, this matter was referred before the Patna High Court Mediation Centre, but the said mediation has failed and the

Patna High Court CR. MISC. No.55836 of 2024(4) dt.02-12-2024 2/3 matter has been returned back to this Court.

4. It has been jointly submitted that the petitioner has entered into nikaah with two ladies, one is Opposite Party No. 2 and another is the different lady. It has been submitted by the Learned Counsel for the Opposite Party No. 2 that co-existence of both the ladies together is not possible.

5. In this background, Learned Counsel of the petitioner himself offered to pay Rs. 5,000/- per month to look after the Opposite Party No. 2 and three children who are living with Opposite Party No. 2. Counsel submits that he shall pay the said amount in the bank account of Opposite Party No. 2 which Opposite Party No. 2 is directed to provide before the Trial Court at the time of furnishing the bail bond.

6. It is made clear that if it has been reported that the said amount has not been deposited by the petitioner in the bank account of Opposite Party No. 2 for two consecutive months, then his bail bond shall be liable to be cancelled.

7. In the present facts and circumstances, 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 4 weeks from today, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the

Patna High Court CR. MISC. No.55836 of 2024(4) dt.02-12-2024 3/3 like amount each to the satisfaction of Additional Cheif Judicial Magistrate-1st, Bettiah, West Champaran in connection with Bettiah Mahila P.S. Case No. 14 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dr. Anshuman, J) Aman Kumar/- U T