IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42107 of 2009 EZAZ AFZAL KHAN, Son of Kalamuddin Khan, resident of Mohalla- Chasapatti Rahmat Nagar, Police Station- Hirapur, Burnpur, District- Burdwan.............................................................................Petitioner. Versus THE STATE OF BIHAR...........................................Opposite Party. ----------- 02. 10.12.2009. Heard Mr. Shakil Ahmad Khan senior counsel appearing on behalf of the petitioner and Mr. Shakil Ahmad Khan learned counsel appearing on behalf of the informant and learned counsel appearing on behalf of the State. The petitioner is an accused in connection with Chapra Town P.S. Case No. 163 of 2009 for offences punishable under Sections 498(A), 323, 379,504 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act. The case has been instituted at the behest of the father of the wife of the present petitioner alleging harassment at the hands of the petitioner and his family by reason of non- fulfilment of dowry demands. Learned counsel appearing on behalf of the petitioner submits that he has filed a case for restitution of conjugal rights in the Family Court, Saran at Chapra and that he is ready and willing to keep his wife with honour and dignity. He further denies the allegation regarding demand of car and cash. Learned counsel appearing on behalf of the informant i.e., father of the girl submits that the case has not been filed in the Family Court, Saran at Chapra but it is pending in the court of the Civil Judge, Junior Division III Court, 2 Asansol, as the petitioner is the resident in the district of Bardwan in the State of West Bengal. Learned counsel for the informant expresses doubts over the submissions made by the learned counsel for the petitioner and submits that once out of custody, the petitioner would not honour his commitments made before this Court. Learned counsel for the State also opposes the prayer for bail of the petitioner for the reason assigned in the complaint petition. Having regard to the fact that the petitioner undertakes to keep his wife with due care and dignity and also the fact that a suit for restitution of conjugal rights has admittedly been filed by this petitioner before the competent court at Asansol, it does indicate intentions that the petitioner is willing to amicably settle the issue and to keep his wife with due care and dignity. In the circumstances, set forth, let petitioner Ezaz Afzal Khan be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Saran in connection with Chapra Town P.S. Case No. 163 of 2009 with the following conditions:- (A) One of the bailors of the petitioner would be his brother i.e. Faruque Afzal Khan who has sworn the 3 affidavit before this Court. (B) The court below in terms of the undertaking before this Court as also in the light of the admitted position that the petitioner has filed a petition for restitution of conjugal rights bearing Title Suit No. 70 of 2009 which is pending in the court of the Civil Judge, Junior Division III Court, Asansol, would ensure that the petitioner takes his wife i.e., daughter of the informant, namely, Rahila Khanam alongwith him and also files an affidavit giving an undertaking of maintenance of his wife with due care and dignity. U.K. (Jyoti Saran,J)