Jharkhand High Court
Md Shahid Alam Alias Masroor Alam vs The State Of Jharkhand And Anr on 22 April, 2014
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 4373 of 2013
Md. Shahid Alam @ Masroor Alam... ....Petitioner
Vs.
1.The State of Jharkhand
2. Najish Haidri ....Opposite Parties
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioner: Mr. Dr. Hasnain Waris
For the State: Mr. Manoj Kumar No. 3, APP
For the O.P. No. 2 Ms. Nehala Sharmin
5/22.04.2014: Anticipatory bail application filed by petitioner Md. Shahid Alam @ Masroor Alam is moved by Mr. Dr. Hasnain Waris and opposed by Sri Manoj Kumar No. 3, learned Additional P.P. and Ms. Nehala Sharmin, learned counsel for the O.P. No. 2.
At the out set, Mr. Dr. Hasnain Waris, learned counsel for the petitioner submits that petitioner is ready to keep the informant ( O.P. No. 2) as his wife with all honour and dignity and for that purpose he is ready to give written undertaking in the court below.
Learned counsel for the O.P. No. 2 submits that the informant is also ready to reside with the petitioner as his wife provided he give undertaking that he will keep her with all respect and dignity and will not torture her in future for demand of dowry.
In view of the aforesaid facts and circumstance, I allow this application and direct the petitioner to surrender in the court below on 03.05.2014, on that date the O.P. No. 2 shall also remain present in the court below, and in that event the court below is directed to enlarge the petitioner, above named, on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Ranchi in connection with Doranda P.S. Case No. 55 of 2013 ( G.R. Case No. 671 of 2013), subject to the condition as laid down under section 438(2) of the Cr.P.C.
The court below is further directed to send the O.P. No. 2 with the petitioner after taking a written undertaking that he will not torture her in future and keep her as his wife with all respect and dignity. If in future O.P. No. 2 has any complaint against the behaviour of petitioner, she is entitled to file an application in the court below in that respect and if such application is filed, the court below will enquire into the matter and pass order including the order for cancellation of bail of petitioner.
( Prashant Kumar,J.) Sharda/-