Raji Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37867 of 2013 Arising Out of PS.Case No. -933 Year- 2012 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Raji Ahmad Son Of Md. Balad, Residents Of Village - Birnagar, Jogiganj P.S - Bhargama. District - Araria .

.... .... Petitioner

Versus

1. The State Of Bihar

2. Bibi Munni Khatoon, daughter of Fozal Haque, resident of villageHasanpur, Ikraha, P.S.- Janki Nagar, District- Purnea. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amit Kumar Anand, Advocate For the State : Mr. Nityanand, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 28-01-2015 Heard learned counsel for the petitioner and the State. None appears on behalf of the opposite party no.2. In this case, notice was issued upon the complainant on 24.12.2013 and provisional anticipatory bail was granted to the petitioner, who happens to be the husband of the complainant. Learned counsel for the opposite party no.2 eventually appeared on 9.4.2014 and took time to submit his response on affidavit. Thereafter, adjournments were granted upon the prayer of the parties. It appears that subsequently, the opposite party no.2 stopped appearing in the matter. No affidavit could be filed on her behalf till date. Nobody is representing her here. Petitioner has filed an affidavit stating that he is a

Patna High Court Cr.Misc. No.37867 of 2013 (17) dt.28-01-2015 labourer and he is ready to pay Rs.500/- per month as maintenance.

In my considered opinion, the issue of maintenance is not to be considered and decided by this Court in the present proceeding.

However, in the facts and circumstances of the case and also in view of the fact that not a single affidavit could be filed on behalf of the opposite party no.2 till date and her counsel has stopped appearing in this case also since long whereas the petitioner had stated that he is ready to lead a peaceful life along with the complainant but effort of rapprochement could not be made in view of the repeated none appearance as well as in the facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner in connection with Complaint Case No.933 of 2012 pending in the court of Sub-Divisional Judicial Magistrate, Purnea is made absolute. However, since the petitioner has undertaken that he will pay Rs.500/- per month as maintenance, he would be required to deposit such amount in the week of every month till 2nd February, 2015 before the court below and the opposite party no.2 would be at liberty to withdraw the same.

This is made clear that this arrangement would be

Patna High Court Cr.Misc. No.37867 of 2013 (17) dt.28-01-2015 effective till any order for maintenance is passed by any court of competent jurisdiction. If such issue of maintenance is taken up by any competent court, it would be required to pass orders on its own merit and in accordance with law without being prejudiced by the present order or maintenance which has been undertaken to be given by the petitioner.

(Dr. Ravi Ranjan, J) N.H./- U T