Md. Shahjahan v. The State Ofbihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3810 of 2020 Arising Out of PS. Case No.-2180 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Shahjahan Son of Md. Lukman R/O- Kaliganj Bandh Tola, P.S.- Manihari, Distt.- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Afroja Khatoon Wife of Md. Shahjahan D/O- Md. Siraj, R/O- Kaliganj Bandh Tola, Post- Kumaripur, P.S.- Manihari, Distt.- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar Singh, Advocate For the State :

Mrs. Anita Kumari, APP For Opp. Party No. 2 :

Mr. Sanjay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-10-2021 Heard the parties.

The petitioner apprehends his arrest in connection with Complaint Case No.2180 of 2018 in which cognizance has been taken under Section 498(A) of the Indian Penal Code. It is submission of the petitioner that the opposite party no. 2 has left his house willingly without any reason. Learned counsel for the petitioner submits that in order to show his bona fide and as a good gesture, petitioner is ready to offer maintenance amounting to Rs.4000/- (Rupees four thousand) per month to opposite party no. 2.

Considering the aforesaid submission and undertaking given by learned counsel for the petitioner, petitioner is granted anticipatory bail.

Patna High Court CR. MISC. No.3810 of 2020(9) dt.25-10-2021 2/2 Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail 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, Katihar in connection with Complaint Case No.2180 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Petitioner is directed to pay maintenance of Rs.4000/- (Rupees four thousand) per month to the opposite party no. 2, subject to any order of maintenance by a competent court. Learned counsel for the opposite party no. 2 will furnish the details of bank account to learned counsel appearing on behalf of the petitioner in the court below and maintenance amount for the month of October, 2021 shall be deposited by the petitioner by 7th day of the next month.

In case opposite party no. 2 does not furnish the bank account, the petitioner shall pay maintenance amount to her through money order and file receipt in the court below. In case of default in payment of installment of the maintenance amount, bail bond of the petitioner shall stand cancelled. BT/- (Sandeep Kumar, J) U T