Masoom Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5589 of 2024 Arising Out of PS. Case No.-582 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Masoom Alam Son Of Roze Mohammad @ Roj Mahammad Miyan @ Roj Ahmad Village -Karnameya Police Station- Bettiah Muffasil District -West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Golden Khatoon Wife Of Masoom Alam Village -Karnameya Police StationBettiah Muffasil District -west Champaran At Present Resident Of VillageBlock Road Barwa Narkatiaganj, Ps- Shikarpur, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP Mr. Sanjeev Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-06-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Shikarpur P.S. Case No. 582 of 2023 registered under Sections 323, 307, 384, 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. 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.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court

Patna High Court CR. MISC. No.5589 of 2024(4) dt.27-06-2024 2/2 below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S. Case No. 582 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C 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 savings bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. 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-bond.

(iv) 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) utkarsh/- U T