Md. Rahmatullah @ Naushad Alam @ Md. Rahamatullahy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10351 of 2020 Arising Out of PS. Case No.-769 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== MD. RAHMATULLAH @ NAUSHAD ALAM @ MD.
RAHAMATULLAHY S/o Shikh Nur Mohammad Resident of VillageShankar Saraiya, Munshiinar, P.S.- Turkauliya, Distt- East Champran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Khusheeda Praveen W/o Md. Rahmatullah @ Naushad Alam D/o Amarul Haque R/o Village- Shankar Saraiya, Munshiinar, P.S.- Tukaulia, Distt- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Turkauliya P.S. Case No. 769 of 2019 instituted for the offence under Sections 341, 323, 494, 498A, 504 and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. five lakh, petitioner along with other family members started to abuse and torture her mentally and
Patna High Court CR. MISC. No.10351 of 2020(3) dt.23-08-2022 2/3 physically and also tried to set her on fire. It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he has been falsely implicated in this case.
Learned counsel for the informant has submitted that informant wants some maintenance for her survival as she is a housewife and she is not able to maintain herself and her four children.
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee five thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 5,000/- (Five Thousand) in first week of every month commencing from the current month August as maintenance in the account furnished by the informant.
Having heard learned counsel for the parties and
Patna High Court CR. MISC. No.10351 of 2020(3) dt.23-08-2022 3/3 considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned CJM, Motihari, East Champaran in connection with Turkauliya P.S. Case No. 769 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 5,000/- (for the month of August) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U