Patna High Court - Orders
Sakir Alam vs State Of Bihar & Anr on 8 December, 2011
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42169 of 2010
Sakir Alam, son of Quaim, resident of village - Maulanpur, P.S.
Barsoi - District - Katihar.
-------- Petitioner.
Versus
1. State of Bihar
2. Rubi Prawin Khatoon, wife of Sakir Alam, D/o - Late
Abdul Rope, resident of village - Maulanpur, P.S. -
Barsoi, District - Katihar.
-------Opposite Parties.
******
07. 08.12.2011Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner, apprehends his arrest in connection with Barsoi P.S. Case No. 95/2010 for offences under Sections 498A and 342 of the Indian Penal Code and 3/4 of Dowry Prohibition Act, is one of the named accused in this case being husband of the informant with allegation of demand of dowry, torture etc. in spite of being blessed with one male child.
Submission of the Bar is that the couple intends to rejoin of company of each other with all due dignity and honour and giving respect to their respective family members.
In view of the above, in the event of filing joint application of compromise or individual petition on behalf of the petitioner stating all such intention, in the event of his arrest or surrender within a period of four weeks, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. Case No. 95/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled.
Further additional condition is that in the event of filing of joint application or in case of individual petition but only on receipt of positive response from the informant court below will permit the couple to go and reside at their place of choice and to report personally on the dates fixed for the purpose only on being satisfied with their conduct any reasonable order in accordance with law may be passed.
( Akhilesh Chandra, J.) Rajeev/-