Md. Shamsher @ Shamsher Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12959 of 2024 Arising Out of PS. Case No.-1619 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Md. Shamsher @ Shamsher Ali Son Of Md. Sagir Alam R/O-Daulat Nagar, P.S.-Dip City Lorna, Distt.-Ghaziabad. U.P.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruhi Khatoon Wife Of Md. Shamsher @ Md. Shamsher Ali R/O-Daulat Nagar, P.S.-DIP City Lorna, Distt.-Ghaziabad. U.P. At Present D/O-Abdul Gaffar, R/O-Anant Kamtaul, P.S.-Kudani, Distt.-Muzaffarpur, Mob.- 9504616133 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Sri Sunil Kumar Singh For the State :

Smt. Anita Kumari,APP For the O.P.2 :

Smt. Kumari Rupa, Smt. Priyanka Kumari Anjana Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opp. party no. 2.

2. The petitioner who is husband of opposite party No. 2, apprehends his arrest in a case registered for the offences under Sections 498A, 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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

4. 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.

Patna High Court CR. MISC. No.12959 of 2024(3) dt.06-05-2024 2/2

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (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 S.D.J.M. (West) Muzaffarpur / concerned court in connection with Complaint Case No. 1619 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 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 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