Tarique Jamal Vs. State of Bihar and anr - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.36204 of 2010 tarique jamal, son of mr. mustafa jamal, resident of j 34.shivalik nagar, ranipur, bhel, haridwar, uttarakhand. -------petitioner versus 1.the state of bihar. 2.razia mahim @ shabnam praveen, d/o mr. badrool haque, resident of bawli chand dariba, p.s. town, district vaishali, bihar. -----opposite parties ---------------- 09/- 13/01/2012 heard learned counsel for the petitioner, learned counsel for the informant-opposite party no. 2 and learned additional public prosecutor for the state. the petitioner is apprehending his arrest in connection with a case registered for the offence punishable under sections 498 - a of the indian penal code and of the dowry prohibition act, is named accused in this case being husband of the informant-opposite party no. 2 with allegation of demand of dowry, torture etc. submission is that petitioner under some compelling circumstances has already divorced the informant, who is mother of one female child borne out of wedlock. there is total denial of such assertion of divorce by learned counsel representing the informant-opposite party no.2. however, in a proceeding under section 125 of the code of criminal procedure in maintenance case no. 103 of 2009 dated 15th june, 2010, the family court, vaishali at hajipur has already awarded a sum of rs. 3,000/- per month by way of interim maintenance to the informant-opposite party no.2. the female child for the present is residing with the petitioner, who also has preferred miscellaneous appeal no. 465 of 2011 before this honble court, which is pending for admission and till date there is no order of stay etc. on persuasion, petitioner is ready to pay a sum of rs. 1,500/- (one thousand five hundred only) per month by way of interim maintenance to the informant-opposite party no. 2, subject to any other order on the point by the competent court. considering the facts and circumstances of the case, in the event of filing duly verified petition before the court below, clearly stating all such intentions as stated above and begin with the payment, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of chief judicial magistrate, vaishali at hajipur, in connection with hajipur town p.s. case no. 583 of 2008, subject to condition laid down under section 438 (2) of the code of criminal procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on four consecutive dates without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. ( akhilesh chandra, j.) praveen/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36204 of 2010 Tarique Jamal, Son of Mr. Mustafa Jamal, resident of J 34.Shivalik Nagar, Ranipur, BHEL, Haridwar, Uttarakhand. -------Petitioner Versus 1.The State Of Bihar. 2.Razia Mahim @ Shabnam Praveen, D/o Mr. Badrool Haque, resident of Bawli Chand Dariba, P.S. Town, District Vaishali, Bihar. -----Opposite Parties ---------------- 09/- 13/01/2012 Heard learned counsel for the petitioner, learned counsel for the informant-opposite party no. 2 and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in connection with a case registered for the offence punishable under Sections 498 - A of the Indian Penal Code and of the Dowry Prohibition Act, is named accused in this case being husband of the informant-opposite party no. 2 with allegation of demand of dowry, torture etc. Submission is that petitioner under some compelling circumstances has already divorced the informant, who is mother of one female child borne out of wedlock. There is total denial of such assertion of divorce by learned counsel representing the informant-opposite party no.

2. However, in a proceeding under Section 125 of the Code of Criminal Procedure in Maintenance Case No. 103 of 2009 dated 15th June, 2010, the Family Court, Vaishali at Hajipur has already awarded a sum of Rs. 3,000/- per month by way of interim maintenance to the informant-opposite party no.

2. The female child for the present is residing with the petitioner, who also has preferred Miscellaneous Appeal No. 465 of 2011 before this Honble Court, which is pending for admission and till date there is no order of stay etc. On persuasion, petitioner is ready to pay a sum of Rs. 1,500/- (one thousand five hundred only) per month by way of interim maintenance to the informant-opposite party no. 2, subject to any other order on the point by the competent Court. Considering the facts and circumstances of the case, in the event of filing duly verified petition before the court below, clearly stating all such intentions as stated above and begin with the payment, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Hajipur Town P.S. Case No. 583 of 2008, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on four consecutive dates without giving any reasonable explanation or even on single default in payment, the liberty granted shall be deemed to be cancelled. ( Akhilesh Chandra, J.) Praveen/-