Tabrej Alam @ Md. Tabrej Alam @ Md. Tavrej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61428 of 2019 Arising Out of PS. Case No.-100 Year-2017 Thana- MAHILA P.S. District- Madhubani ====================================================== TABREJ ALAM @ MD. TABREJ ALAM @ MD. TAVREJ Son of Late Md. Basir Resident of Village - Rahmanganj, P.S.- Phulparas, Dsit.- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rafat Pravin D/o Tabrej Alam @ Md. Tabrej Alam @ Md. Tavrej Resident of Village - Rahmanganj, P.S.- Phulparas, Dist.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar APP For the Informant :

Mr. Soban Asghar Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-07-2020 The matter has been listed today for consideration through Video Conferencing.

Learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner, informant and the learned APP for State.

Petitioner apprehends arrest in connection with Mahila P.S. Case No. 100 of 2017 instituted for the offence under Section(s) 341,323,379,498A/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.61428 of 2019(8) dt.01-07-2020 2/3 Petitioner's counsel submits that without prejudice to his right to contest the maintenance proceedings pending in the Family Court in M.R .No. 24 of 2019 instituted by his wife, he is willing to pay Rs. 4,000/- ( Four Thousand) per month to his wife/opposite party no.2 in the event he is allowed pre-arrest bail.

Learned counsel for the opposite party no.2 has submitted that since the proposal is without prejudice to the rights of the parties, no objection is being raised. It is further submitted that the petitioner be put to strict terms.

Considering the submissions of the parties, this Court would direct that the petitioner should surrender before the Court below i. e. S.D.J.M. Madhubani, within a period of four

(04) weeks from today in connection with Mahila P. S. Case No. 100 of 2017 along with the first installment of Rs. 4,000/- ( Four thousand) by way of demand draft payable in favour of the opposite party No.2. The Court below, upon such surrender, shall release the petitioner on provisional bail to its own satisfaction subject to confirmation after six months. In case of failure by the petitioner to comply with the terms agreed upon between the parties, needless to say the Court below would be at liberty to pass appropriate order including

Patna High Court CR. MISC. No.61428 of 2019(8) dt.01-07-2020 3/3 cancellation of bail of the petitioner.

The anticipatory bail application stands disposed off. (Madhuresh Prasad, J) shyambihari/- U T