Md Jahangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14521 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== MD JAHANGIR Son of Late Fakir Mohammad Resident of Village - Gehunwa ward No.9, P.s.- Jalalgarh, Distt.- Purnea. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rumana Khatoon W/o Jahangir , D/o Soleman Resident of Village - Kursail, P.O. and P.S.- Mahalgaown, Ward no.3, Araria. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nadimul Hasan, Advocate For the Opposite Party/s :
Mr. Sangeeta Sharma, A.P.P.
Mr. Anamul Haque, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State. In compliance of the order dated 22.11.2022, the petitioner and the informant are present in person. The petitioner who is present at the outset submits that now it is not feasible to revive the conjugal rights, but then submits that he is aware of his responsibility that he has a duty to maintain his wife till the marriage is not dissolved by a Court of competent jurisdiction. The petitioner submits that he is willing to pay an amount of Rs. 6,000/- per month to the informant towards maintenance commencing from December, 2022. The informant who is also present accepts the offer given
Patna High Court CR. MISC. No.14521 of 2022(5) dt.01-12-2022 2/3 by the petitioner.
Learned counsel for the informant submits that presently informant does not have any bank account and very soon the same shall be opened, it is next submitted that the moment the bank account is opened, the learned counsel for the informant will Whatsapp the bank account no. of the informant to the learned counsel for the petitioner and the learned counsel for the petitioner submits that the moment he will receive the bank account no. of the informant from the learned counsel for the informant he will Whatsapp the same to the petitioner. The petitioner submits that the moment he will receive the bank account no. of the informant he will start depositing the maintenance as agreed.
Considering the submissions made by the parties, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case P.S. Case No.192 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.14521 of 2022(5) dt.01-12-2022 3/3 Further, in the event, if the informant files an application before the learned Trial Court bringing to its notice that the petitioner despite agreeing before this Court to pay maintenance has not paid the maintenance amount consecutively for two months, the learned Trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law and shall also have the liberty to cancel his bail bonds and to ensure that all coercive steps are taken to put him behind bars.
(Satyavrat Verma, J) Rishabh/- U T