Patna High Court - Orders
Md. Salauddin Khan vs State Of Bihar & Anr on 1 May, 2014
Author: Anjana Prakash
Bench: Anjana Prakash
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 11214 of 2014
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Md. Salauddin Khan Son of Gulam Haidar Khan @ Md.
Haidar Khan Resident of Village- Usia, P.S. Dildar Nagar,
Dist.-Gajipur (U.P.).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Gulphasa Khatton Wife of Salauddin Khan Daughter of
Md. Daiyan Khan, Presently Resided In Village Beur, P.S.
Chainpur Dist.-Kaimur (Bhabhua).
.... .... Opposite Party/s
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CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH
ORAL ORDER
02. 01.05.2014Considering that the Petitioner is ready to settle the dispute with the Complainant, issue notice to Opposite Party No. 2, for which requisites etc. under registered cover with A/D as well as ordinary process must be filed within 10 days, failing which this application shall stand rejected without further reference to a Bench.
Notice through ordinary process shall go to the concerned Court to be served upon the Counsel appearing on behalf of the Opposite Party.
Rule is made returnable within six weeks. In the meanwhile, let the Petitioner, above named be released on provisional anticipatory bail till further orders in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to Patna High Court Cr.Misc. No.11214 of 2014 (2) dt.01-05-2014 2 the satisfaction of Sub-Divisional Judicial Magistrate, Kaimur at Bhabhua in connection with Complaint Case No. 319 of 2013 (Tr. No. 2310 of 2013) subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the conditions that one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.
The Petitioner is directed to deposit Rs. 750/- (Seven Hundred Fifty Rupees) per month in the Court below firstly within 15 days from the date of receipt of this order and subsequently by 15th every month which the wife of the Petitioner will be at liberty to withdraw without prejudice the right of the parties. The court below shall inform the wife of the Petitioner about the present order. However, if the Complainant/Informant has a Bank Account or subsequently opens a Bank Account, the money shall be deposited in the Account and a receipt to this effect shall be filed by 15th every month in the Court below and in case he fails to do so his provisional anticipatory bail would be automatically cancelled.
(Anjana Prakash, J.) Vikash/-