Md. Niyaz Ahmad @ Niyaz Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18607 of 2024 Arising Out of PS. Case No.-952 Year-2022 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== Md. Niyaz Ahmad @ Niyaz Ahmad Son of Md. Nasim Ahmad @ Md. Nasim Resident of Jamalpur, Ward No. 03, P.S.-Jamalpur, District- Darbhanga, at present residing at E-156/2, Shahibagh, Abul Fazal Enclave, P.S.- Jamia Nagar, District- New Delhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Skukrana Khatoon Wife of Niyaz Ahmad @ Md. Niyaz Ahmad, D/o Md. Shakil Ahmad Resident of Darhar, P.S.- Nauhatta, District- Saharsa ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md Fazle Karim, Advocate For the State :
Ms. Rita Verma, A.P.P.
For the O.P. No. 2 :
Mr. Amir Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsel for the parties.
2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 498A, 504/34 of the Indian Penal Code.
3. 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 opposite party No. 2.
4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance
Patna High Court CR. MISC. No.18607 of 2024(3) dt.25-06-2024 2/2 amount of Rs. 3000/- (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 Chief Judicial Magistrate, Saharsa in connection with Complaint Case No. 952 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) Navya/- U T