IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.286 of 2009 SHAKEEL AHMAD, SON OF MANZOOR AHAMAD @ MANZOOR SAMAD (LADDU BABU), RESIDENT OF VILLAGE SINGHCHOURI, P.S. NANPUR, DISTRICT SITAMARHI. --- PETITIONER Versus 1. THE STATE OF BIHAR. 2. NAHID PERVEEN, WIFE OF SHAKEEL AHMAD AND DAUGHTER OF MD. JAN ALAM, RESIDENT OF VILLAGE AND P.O. POKHARARA, P.S. NANPUR, DISTRICT SITAMARHI, PRESENTLY RESIDING AT DARZI TOLA, BANKEY SAH CHAUK, CHANDBARA, P.S. TOWN, DISTRICT MUZAFFARPUR. --- OPPOSITE PARTIES ----------- 14 10.3.2010 Heard the parties. This application has been filed for anticipatory bail in Complaint Case No. 832 of 2008, T.R. No. 2567 of 2008. While hearing the anticipatory bail the parties and their family members were all present in Chambers. It is accepted by the opposite party no. 2 that she has been divorced by her husband and as such she wants to resolve all matters concerning this case. Opposite party no. 2 Nahid Perveen has three children who are living with her. The petitioner in lieu of the divorce and also in lieu of an undertaking that the opposite party will compromise and withdraw the complaint case 832 of 2008 has agreed to pay Rs. 500/- as maintenance per month to the children and also to deposit a sum of Rs. 25,000/- per child in the fixed deposit scheme. Accordingly the petitioner is remitting Rs. 500/- each to his children and has also deposited Rs. 25,000/- in Bajaj Allianz Life Insurance Company Limited. Original papers are being handed over to the counsel for the opposite party no. 2. The counsel for the opposite party no. 2 submits that although the money is sent for the children, it does not reach within time due to delay in the postal department and therefore, prays that the money should be deposited in the account of Nahid Perveen, A/c No. 2 31070891356 (State Bank of India), Chandwara Branch, Muzaffarpur. It is a reasonable suggestion and is allowed. A supplementary affidavit has been filed giving an undertaking that the petitioner will not withdraw the said Rs. 25,000/- at any stage or at any time. The said amount will be for the children. I may also record that in fact the parties had admitted in Chambers, i.e. the father of the girl, that all matters were settled at the time of taking of divorce with respect to Nahid Perveen and as such the case filed for maintenance numbered as 86 of 2008 has become infructuous in view of the statements made before this Court in Chambers. Opposite party no. 2 Nahid Perveen should withdraw all cases as agreed by her in Chambers, criminal and civil which are pending against her husband and his family members. Considering that the parties have settled the matter and no dispute remains between them, this Court grants anticipatory bail to the petitioner Shakeel Ahmad in the event of his arrest or surrender within a period of six weeks in connection with Complaint Case No. 832 of 2008, T.R. No. 2567 of 2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate (East), Muzaffarpur subject to the conditions laid down under Section 438(2) of the Cr.P.C. This application is disposed of with the aforesaid observations. Sanjay (Sheema Ali Khan, J.)