Md Kurban Ansari Alias Kurban Ansarai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5211 of 2024 Arising Out of PS. Case No.-1765 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md Kurban Ansari Alias Kurban Ansarai Son of Nayeem Ansari R/O villageBelari, P.S.-Ujiarpur, Distt.-Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Imrana Khatoon Wife of Md. Kurban Ansari R/O village-Belari, P.S.- Ujiarpur, Distt.-Samastipur, Presently Resident of village- Milki Bankipur, P.s.- Warisnagar, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mrs.Rita Verma Md.Hasmuddin Azad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Pursuant to order dated 08.05.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 12.07.2024 is available at flag 'A').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 323, 354B and 498(A) of the Indian Penal Code.

Patna High Court CR. MISC. No.5211 of 2024(4) dt.16-07-2024 2/3

4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Samastipur in connection with Complaint Case No. 1765/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party no. 2.

Patna High Court CR. MISC. No.5211 of 2024(4) dt.16-07-2024 3/3

(3) 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-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) anay U T