Md. Gulam Rasul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14581 of 2024 Arising Out of PS. Case No.-145 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== Md. Gulam Rasul Son fof Jahangir Alam Resident of Village and P.S.- Koilwar, District- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Naz W/o Md. Gulam Rasul, D/o Md. Kasim Malik Resident of Village and P.S.- Chandradeep, District- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Satya Prakash Parasar, Advocate For the State :

Mr. Suresh Prasad Singh, APP For Opposite Party No. 2:

Mr. Amrendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsels for the parties.

2.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in Complaint Case No. 145-C of 2021 registered for the offence punishable under Section 498A of the Indian Penal Code.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/Opposite Party No. 2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to

Patna High Court CR. MISC. No.14581 of 2024(3) dt.09-07-2024 2/3 complainant/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. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, 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. 145-C of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/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.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) 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. (D.) 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

Patna High Court CR. MISC. No.14581 of 2024(3) dt.09-07-2024 3/3 the issue otherwise."

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