Patna High Court - Orders
Serajuddin Sah @ Serajuddin vs State Of Bihar & Anr on 9 May, 2018
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Revision No.243 of 2018
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Serajuddin Sah @ Serajuddin Son of Qeyamuddin Sah
Residence of Village- Rampur Pakwaliya, Police Station-
Zamo Bazar, District- Siwan.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Noor Saba Khatoon Wife of Serajuddin Sah , Daughter of
Residence of Village- Madarpur, Police Station-
Basantpur, District- Siwan.
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shambhu Prasad Yadav
For the Respondent/s : Mr. Sri Binod Kumar 3
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
6 09-05-2018The petitioner has challenged the order dated 21.02.2018 passed by the learned Additional Sessions Judge, IIIrd, Siwan in A.B.P No. 214 of 2014 whereby the prayer made on his behalf for modifying the order dated 07.03.2014 passed by the In-charge Sessions Judge, Siwan in connection with Complaint Case No. 1735 of 2012 instituted for the offence under Sections 494 and 498(A) of the Indian Penal Code, has been rejected.
It may be noted here that the petitioner was granted provisional anticipatory bail on 07.03.2014 with the condition that he shall cohabit with his wife and shall keep her satisfied. As such, a direction was given to the Court below to Patna High Court CR. REV. No.243 of 2018 (6) dt.09-05-2018 2/4 first enquire from the complainant/O.P. No. 2 as to whether she has been kept properly by the petitioner and only on the Court being satisfied, the provisional anticipatory bail had to be confirmed or extended.
It appears that the petitioner never surrendered before the Court below or sought any confirmation of the provisional anticipatory bail.
Considering this aspect of the matter, the Court below did not consider it appropriate to modify the earlier order dated 07.03.2014 passed by the In-charge, Sessions Judge, Siwan.
A submission was made on one occasion before this Court that the petitioner is ever ready to settle the dispute with his wife/O.P. No. 2. In support of the aforesaid contention and in order to demonstrate his bona fides, he had deposited his passport with this Court so that the complainant/O.P. No. 2 may not have fear in her mind that the petitioner, after making an empty promise as before, would leave her high and dry.
The passport of the petitioner has been attached with the records of this case.
The talks of settlement could not attain finality. The maximum amount of money which the petitioner can pay is Rs. 3,00,000/-(three lakhs).
Patna High Court CR. REV. No.243 of 2018 (6) dt.09-05-20183/4
This Court feels that such amount by way of final settlement is too less, as after the settlement, the complainant/O.P. No. 2 would have to relinquish all her matrimonial claims of her life. There is a child out of the wedlock who also is required to be looked after. The complainant/O.P. No. 2, ever since her ouster from her matrimonial home, has been residing with her father, who himself is an old person.
This Court has interacted with the petitioner, the complainant/O.P. No. 2 and her father. Because of the poverty of complainant/O.P. No. 2 and her father, they have agreed to the proposal of the petitioner for being paid Rs. 3000/- per month from the month of May, 2018 till the final disposal of this case or thereafter. The aforesaid payment is also stated to be subject to any order passed by the Family Court in case any petition for maintenance is filed by the complainant/O.P. No. 2 and any order being passed over such application.
There is a lurking fear in the mind of this Court that if passport is returned, the petitioner may leave the territorial confines of this country and may not subject himself to the process of law. To alleviate the aforesaid fear, it is directed that the petitioner be directed to furnish a fresh bond in the sum of Rs. 10,000/-(ten thousand) with two sureties of the Patna High Court CR. REV. No.243 of 2018 (6) dt.09-05-2018 4/4 like amount each to the satisfaction of the Court below before being released on bail, and one of the bailors shall be his father.
The petitioner as well as his father shall also give an undertaking before the Court below at the time of filing their bonds that the amount of Rs. 3,000/- shall continue to be paid to the complainant/O.P. No. 2 and any default in making payment of such amount shall make the petitioner liable for cancellation of his anticipatory bail. The father of the petitioner shall also suffer prosecution in case the undertaking given by the petitioner and surety given by him is not fulfilled to the fullest.
The Court Master is directed to hand over the passport of the petitioner to him in the course of the day.
The learned counsel for the complainant/O.P. No. 2 shall furnish the account number of the complainant/O.P. No. 2 or her father in which account, Rs. 3000/- per month shall be deposited by the petitioner.
Re-notify this case on 9th of August, 2018.
(Ashutosh Kumar, J) Shageer/-
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