Md. Jabid @ Md. Zabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10246 of 2024 Arising Out of PS. Case No.-258 Year-2023 Thana- BARSOI District- Katihar ====================================================== MD. JABID @ MD. ZABIR S/O LATE JIYARUDDIN R/O VILLAGEJAHARPUR, P.S- BARSOI, DISTT.- KATIHAR. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Safena Khatoon W/O Md. Jabid R/O Village- Jaharpur, P.S- Barsoi, Distt.- Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md Musowir For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-03-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 498A and 34 of the Indian Penal Code.

3.

The learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the present case with an allegation that he is having extra-marital relationship, which is false. It is next submitted that relationship has soured to an extent that for the present it is not possible to revive the conjugal relationship but then the learned counsel

Patna High Court CR. MISC. No.10246 of 2024(2) dt.01-03-2024 2/3 submits that he has instructions to make submission that petitioner is willing to pay a monthly maintenance of Rs. 3,000/- (Three thousand) to the OP No. 2.

4.

The learned counsel appearing on behalf of the OP No. 2 submits that he has instructions of OP No. 2 to make submission not to oppose the anticipatory bail application in the event if the petitioner is ready to pay a monthly maintenance of Rs. 3,000/-.

5.

The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance as agreed commences from 11-3-2024.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the 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. 5,000/- (Rupees Five 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 Barsoi P.S. Case No.

Patna High Court CR. MISC. No.10246 of 2024(2) dt.01-03-2024 3/3 258 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

However, it is made clear that OP 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 the monthly maintenance as agreed for two consecutive months. (Satyavrat Verma, J) SUMIT/- U T