Patna High CourtCR. MISC./13066/2024bail granted

Md. Riyaz Alam @ Md. Reyaz Alam v. The State Of Bihar

2024-05-01Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13066 of 2024 Arising Out of PS. Case No.-1567 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== MD. RIYAZ ALAM @ MD. REYAZ ALAM S/o Md. Asgar Hussain Resident of Village-Faraha, P.S.-Akbarpur, District-Nawada ... Petitioner/s

Versus

The State of Bihar 2.

RAUNAK KHATOON Wife of Md. Reyaz Alam, D/o Md. Md. Alam Resident of Village-Hasanganj, P.S.-Pakaribarawan, District-Nawada, Mob No. 9631563367 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar , Advocate For the Opposite Party/s :

Mr. Arun Kumar , APP For the Informant :

Mr. Shiv Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 Earlier, vide order dated 12.03.2024 , the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator's Report (flag 'M'), the mediation has failed.

2. Heard learned counsel for the petitioner, the State and the opposite party no.2.

3 . The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 406, 498 (A) , 504, 506 and of the Indian Penal Code and 3/ 4 of the D. P Act.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this

Patna High Court CR. MISC. No.13066 of 2024(3) dt.01-05-2024 2/3 month, to opposite party no. 2.

5 . In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 the learned JM 1st Class, Nawada in connection with complaint Case No. 1567 C of 2022 , , 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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 cancel the bail-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected

Patna High Court CR. MISC. No.13066 of 2024(3) dt.01-05-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Koushik/- U T