Md. Terbej @ Md. Tabrej @ Md. Terbaij @ Md. Tabrez @ Md. Tarbej v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 2628 of 2023 Arising Out of PS. Case No.-1392 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD TERBEJ @ MD TABREJ @ MD TERBAIJ @ MD TABREZ @ MD TARBEJ Son of Md Jasim @ Jaseem Resident of Village- Mohanpur Bakhri, Ward No.06, P.S.- Bakhri, District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Shabana Khatoon @ Sabana Khatoon Wife of Md Terbej, D/O Late Abdul Mannan Resident of Mohalla- Mungeriganj, Ward No.-33, P.S.- Town, District- Begusarari ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Sandip Kumar Gautam, Advocate For the S t a t e :
Mr Ajay Kumar No 2, APP For Opposite Party No 2 :
Mr Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner, State and Opposite Party No 2.
2 The petitioner, who is husband of Opposite Party No 2, apprehends arrest in Complaint Case No 1168 (C) of 2021 registered for the offence punishable under Sections 323, 504, 354, 307, 498A of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act.
3 Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs 3000/- per month, starting from this
Patna High Court CR. MISC. No.2628 of 2023(3) dt.17-08-2023 2/3 month, to Opposite Party No 2.
4 In view of the undertaking of learned counsel for the petitioner that the petitioner is ready to give maintenance amount of Rs 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrtate, 01st Class, Begusarai in Complaint Case No 1392C of 2021 dated 16.10.2021 subject to the conditions as laid down in Section 438
(2) of the Code of Criminal Procedure as well as on the following conditions:
(i) Opposite Party No 2 would file an affidavit before the Court below and bring on record her saving bank account number for its communication to the petitioner.
(ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of Opposite Party No 2.
(iii) In case the petitioner fails to deposit the maintenance amount for two consecutive months, the Court below would be at liberty to cancel the bail bonds.
(iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way,
Patna High Court CR. MISC. No.2628 of 2023(3) dt.17-08-2023 3/3 will preclude the parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) M.E.H./- U T