Mohammad Sakibuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9783 of 2022 Arising Out of PS. Case No.-1196 Year-2020 Thana- COMPLAINT CASE District- Jamui ====================================================== MOHAMMAD SAKIBUDDIN Son of Mohamad Nayeemuddin Resident of Village - Dadar mandi Gulzarbagh, P.S.- Alamganj, Distt.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Raunak Fatma W/o Md. Sakibuddin , D/o Md. Alam @ Md. Mannan Resident of Village - Near Sale Tax Office Quazqmi Begam Street, P.S.- Khaje Kalan, Patna City, Dist.- Patna, Presently Resided at Yunis Manzil Near Masjid Bithalpur, P.s.- Jamui, Distt.- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satya Prakash Parasar Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2022 Heard learned counsel for the parties.

The petitioner, husband of complainant, apprehends his arrest in a case registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner is alleged to have committed physical and mental torture for dowry with the complainant.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 10,000/- (ten thousand) per month, starting from this month to

Patna High Court CR. MISC. No.9783 of 2022(2) dt.04-08-2022 2/3 complainant.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 10,000/- (ten thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named 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 learned Judicial Magistrate 1st Class, Jamui in connection with Complaint Case No. 1196C of 2020 on the following conditions:

(1.) Complainant 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 complainant.

(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.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and

Patna High Court CR. MISC. No.9783 of 2022(2) dt.04-08-2022 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(6.) 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