Md. Ehsan Vs. the State of Bihar and anr. - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.2730 of 2012 md. ehsan, son of late md. mohahid, resident of village baliya bujurg, p.s. akbarpur, district nawadah .. petitioner versus 1. the state of bihar 2. bahar afroz, d/o late aajam firdosi, r/v baliya bujurg, p.s. akbarpur, district nawadah .. opposite parties **** /2/ 19 january, heard learned counsel for the petitioner and the 2012 state. this is an application for grant of anticipatory bail for offence under section 498a of the penal code. the learned counsel for the petitioner submits that he is ready to keep the wife or even to pay maintenance at the rate of rs.1,000/- per month, if she does not wish to live with him, till the disposal of the case. hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender within four weeks, from the date of receipt of this order, the petitioner is directed to be released on interim provisional anticipatory bail, on furnishing bail bond of rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with akbarpur p.s. case no. 131 o”2011. to the satisfaction of chief judicial magistrate, nawada, subject to the condition laid down under section 438(2) of the criminal procedure code as well as, further, with condition that either the petitioner shall keep the victim-wife with full love, affection, dignity and all due respects or the petitioner shall go on paying rs.1,000/- to the complainant either by depositing in court or to an account opened in the name of victim-wife till the disposal of the case or till any higher maintenance fixed by the competent court. ( gopal prasad, j.) s.a.

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2730 of 2012 Md. Ehsan, son of late Md. Mohahid, resident of village Baliya Bujurg, P.S. Akbarpur, district Nawadah .. Petitioner Versus 1. The State of Bihar 2. Bahar Afroz, D/O late Aajam Firdosi, R/V Baliya Bujurg, P.S. Akbarpur, district Nawadah .. Opposite parties **** /2/ 19 January, Heard learned counsel for the petitioner and the 2012 State. This is an application for grant of anticipatory bail for offence under Section 498A of the Penal Code. The learned counsel for the petitioner submits that he is ready to keep the wife or even to pay maintenance at the rate of Rs.1,000/- per month, if she does not wish to live with him, till the disposal of the case. Hence, having regard to the facts and circumstances of the case, in the event of arrest or surrender within four weeks, from the date of receipt of this order, the petitioner is directed to be released on interim provisional anticipatory bail, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Akbarpur P.S. Case No. 131 o”

2011. to the satisfaction of Chief Judicial Magistrate, Nawada, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code as well as, further, with condition that either the petitioner shall keep the victim-wife with full love, affection, dignity and all due respects or the petitioner shall go on paying Rs.1,000/- to the complainant either by depositing in Court or to an account opened in the name of victim-wife till the disposal of the case or till any higher maintenance fixed by the competent Court. ( Gopal Prasad, J.) S.A.