Md. Ajaj @ Md. Ajajalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11466 of 2024 Arising Out of PS. Case No.-391 Year-2021 Thana- COMPLAINT CASE District- Banka ====================================================== Md. Ajaj @ Md. Ajajalam S/o Md. Shamsher R/o Rampur, Muskipur, P.S.- Tarapur, District-Munger.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gulnazbano D/o Sajid R/o Kharhari, P.S.-Barhata, Hajipur, District-Banka. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary Mr. Balram Kapri ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2024 Pursuant to order of this Court, 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 kept at flag 'M').

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 Section 498A of the Indian Penal Code.

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

Patna High Court CR. MISC. No.11466 of 2024(5) dt.22-08-2024 2/3

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, Banka in connection with Complaint Case No. 391/2021, 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.

(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to

Patna High Court CR. MISC. No.11466 of 2024(5) dt.22-08-2024 3/3 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