Nawab Alam @ Md. Nawab v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8379 of 2024 Arising Out of PS. Case No.-7 Year-2021 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Nawab Alam @ Md. Nawab S/O Hasim @ Sukhal Mian R/O Village- Chatti Vishunpur, P.S- Dev, Distt.- Aurangabad (BIHAR). ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Nusrat Praveen W/O Nawab Alam R/O Chatti Vishunpur, P.S- Dev, Distt.- Aurangabad (BIHAR),, D/O Md. Istekhar, At Present Residing At MohallaAzad Nagar, Tikri Mod, P.S- Aurangabad Town, Distt.- Aurangabad (BIHAR).
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal For the Opposite Party/s :
Mr. Umesh Lal Verma For the Complainant :
Ms. Preety Kunwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-09-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the complainant.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323, 506 and 34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case by the complainant. It is next submitted that presently the relationship in between the petitioner and the O.P. No. 2 has soured to an extent where it is not possible to revive
Patna High Court CR. MISC. No.8379 of 2024(6) dt.03-09-2024 2/3 the conjugal relationship, but then it is fairly submitted that with passage of time and on intervention of well wishers, the parties may resolve their dispute. It is further submitted that petitioner, being husband, is aware of his responsibility towards the complainant and the child who presently is staying with her and thus the learned counsel, based on instruction of the petitioner, submits that petitioner is willing to pay a monthly maintenance of Rs. 6,000/- to the O.P. No. 2 and the child.
4. The learned counsel appearing on behalf of the O.P. No. 2 submits that since petitioner is willing to pay a monthly maintenance of Rs. 6,000/- to the O.P. No. 2 and the child, as such, no useful purpose would be served by sending the petitioner to jail.
5. Learned counsel appearing on behalf of the complainant further submits that she will Whatsapp the bank account number of the complainant on the Whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance, as agreed, commences from 23.09.2024.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.8379 of 2024(6) dt.03-09-2024 3/3 event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 07 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner does not deposit/give the amount of monthly maintenance, as agreed, for two consecutive months.
8. It is further made clear that the present maintenance will stop in the event if the maintenance is decided by a Court of competent jurisdiction.
9. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T