Shahnawaz Hussain @ Md. Shahnawaz Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11685 of 2023 Arising Out of PS. Case No.-618 Year-2020 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== SHAHNAWAZ HUSSAIN @ MD. SHAHNAWAZ HUSSAIN Son of Abdul Kudush Resident of village - Mahendrapur, Masjid Tola, P.S.- Purnea Sadar, District - Purnea.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahzadi Praveen Wife of Shahnawaz Hussain Resident of village - Naginabag, P.S.- Purnea Sadar, District - Purnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awnish Kumar, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections (A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-per month, starting from this month, to opposite party no. 2.

In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.11685 of 2023(2) dt.16-05-2023 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- 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 satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Application Case No 618 of 2020, 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 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 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

Patna High Court CR. MISC. No.11685 of 2023(2) dt.16-05-2023 3/3 parties to resolve the issue otherwise.

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