Rasul Ansari @ Rasool Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12409 of 2024 Arising Out of PS. Case No.-995 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Rasul Ansari @ Rasool Ansari Son of Safaruddin Mian @ Sarfuddin @ Sarfuddin Ansari Resident of Village- Basavariya, P.S.- Chautarwa, Dist.- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Jonahi Khatoon Wife of Rasul Ansari, D/o Ibrahim Mian Resident of Village- Bateshara, Ward No.7, P.S.- Naurangiya, Dist.- West Champaran ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Prithvi Nath Mishra, Advocate For the Opposite Party/s :

Gulnar Begum, Addl Public Prosecutor Mr. Z.Abedin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 323 and 498A of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. It is submitted by 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 month to the opposite party no.2.

4. 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

Patna High Court CR. MISC. No.12409 of 2024(4) dt.08-05-2024 2/2 satisfaction of the Judicial Magistrate 1st class, Bagaha, West Champaran in Trial No. 1527 of 2023/ Complaint Case No. 995 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:- (i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

(iii) 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. (iv) 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) Shashi U T