Meraj @ Md. Meraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61158 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== MERAJ @ MD. MERAJ son of Sanaullah Village- Chand Mohan Chhota PsKundwachain Pur Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guriya Begam Md. Serajul Haque Village- Chand Mohan Chhota PsKundwachain Pur Dist- E.Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the State :

Mr. Prem Kumar Jha, APP For the Opposite Party No. 2 :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2023 1.

Heard learned counsel for the petitioner and learned counsel for the Opposite Party No. 2.

2.

The petitioner is apprehending his arrest in connection with Kundwa chain Pur P.S. Case No. 86 of 2023 registered for the offence punishable under Sections 494, 498A & 34 of the Indian Penal Code (for brevity 'I.P.C.').

3.

The complaint case has been lodged under Section 498A, Ten (10) years after the marriage. There are three children born out of wedlock. The petitioner is stated to be a daily wage worker.

4.

Learned counsel for the Opposite Party No. 2 submits that Opposite party No. 2 is desirous of living with the petitioner.

Patna High Court CR. MISC. No.61158 of 2023(3) dt.17-10-2023 2/3 5.

Learned counsel for the petitioner also submits that he has no objection, rather he is more than willing to reside with opposite party No. 2 and maintain her with full honour and dignity.

6.

In view of such submissions, since parties are desirous of living together, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

7.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Sikrahana at Dhaka, East Champaran in connection with Kundwa chain Pur P.S. Case No. 86 of 2023, subject to the following conditions:

(i) That one of the bailors of each of the petitioners will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioners.

(ii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail bonds will be liable

Patna High Court CR. MISC. No.61158 of 2023(3) dt.17-10-2023 3/3 to be cancelled.

8.

The Trial Court will review the position after three months and pass appropriate orders, which may include orders of cancellation of anticipatory bail being granted to the petitioner by this order.

(Madhuresh Prasad, J) Raj kishore/- U T