Jahangir Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16807 of 2024 Arising Out of PS. Case No.-241 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== JAHANGIR KHAN SON OF LATE JAIEEEM KHAN RESIDENT OF VILLAGE - PAITHAN TOLI, P.S. - AURANGABAD TOWN, DISTRICT - AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

KHUSBU TARA WIFE OF JAHANGIR KHAN, DAUGHTER OF MD. IRSHAD ALAM RESIDENT OF VILLAGE AND P.O. - SISWANIYA, P.S. - BAJARIYA, DISTRICT - EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.Choubey Jawahar Mr.Nafisozoha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for complainant / opp. party no. 2.

2. The petitioner who is husband of opposite party No. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 498A, 323 of the Indian Penal Code read with Section 34 of the Indian Penal Code.

3. Petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this

Patna High Court CR. MISC. No.16807 of 2024(3) dt.14-05-2024 2/3 month, to 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) 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 learned C.J.M., Motihari, East Champaran / concerned court in connection with Complaint Case No. 241/2022, 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

Patna High Court CR. MISC. No.16807 of 2024(3) dt.14-05-2024 3/3 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) anay U T