IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28729 of 2009 MD.MERAJ ALAM @ MAIRAJ ALAM, SON OF MD. MOBIN, RESIDENT OF VILLAGE MOBARAKPUR, P.S. SAHARSA, DISTRICT SAHARSA. ---- PETITIONER Versus THE STATE OF BIHAR ---- OPPOSITE PARTY ----------- 8 13.4.2011 This application has been filed for grant of regular bail. In this case the parties were directed to appear in person in Chambers and thus the petitioner was granted provisional bail on 15.9.2009. At the time when the parties appeared in Chambers, two younger children were living with the mother. The husband i.e. the petitioner agreed to take his wife and live with her in a peaceful manner. However, after about a year, he has again misbehaved with his wife as a result of which she is now not in a position to live with him. According to the wife he has pronounced divorce and she thus finds it difficult to live with her husband. However, it cannot be denied that the husband has misbehaved and treated her badly. He has also kept in his own custody the two young children who under the Muslim law should be with their mother. The extent to which the petitioner has bulldozed his 2 children is obvious in the fact that the child who is hardly five years old refuse to go back to his mother. However, since the children were taken from the mother’s custody when the mother went to live with her husband under the orders of the Court, it is proper that they be returned to the mother. In the circumstances aforesaid, the provisional bail granted to the petitioner (Md. Meraj Alam @ Mairaj Alam) on 15.9.2009 is hereby confirmed subject to the condition that he returns the child namely Riyaz Ahmad to the custody of his mother. The children were handed over to the mother in Court. Sanjay ( Sheema Ali Khan, J.)