Md. Faiyaz v. The State Of Bihar

Patna High Court Cr.Misc. No.37220 of 2014 (3) dt.20-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37220 of 2014 Arising Out of PS.Case No. -1011 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Md. Faiyaz, son of Mannu Khalifa, resident of Mohalla- Nooranibagh Colony, Alamganj, District- Patna.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Guria Khatoon, wife of Md. Faiyaz and daughter of Md. Usman of Mohalla Noor Ka Chouraha, Kanganie Tola, P.S. Khalekalan, DistrictPatna. .... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Shashi Shekhar Sharma, Advocate. For the State : Mr. Anuradha Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-04-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1011 of 2012, registered under Section 498A of the Indian Penal Code.

There is allegation that the complainant has been blessed with three children and her husband has developed illicit relation with one Nisha Khatoon and victim wife was subjected to cruelty. When the complainant protested about illicit relation of her husband then she along with her children driven out from her sasural.

Learned counsel for the petitioner submits that petitioner is ready to keep the complainant with due dignity and honour.

Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/surrender within a period of four weeks from the date of receipt of the order

Patna High Court Cr.Misc. No.37220 of 2014 (3) dt.20-04-2015 in the court below shall be released on interim bail for four months on furnishing bail bonds of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Patna City, in connection with Complaint Case No. 1011 of 2012, subject to condition as laid down under Section 438 (2) of Cr.P.C. Further condition that after one month release of the petitioner, the trial court shall call the complainant and if the petitioner shall keep the complainant with due dignity and honour along with her children or pay maintenance worth Rs. 2000/- per month then trial court after satisfying that petitioner shall keep the complainant with due dignity and honour shall confirm the bail bond of the petitioner. till higher maintenance is decided by the competent court. m.p.

(Gopal Prasad, J) U T