Md. Gulam Mustafa Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16193 of 2023 Arising Out of PS. Case No.-928 Year-2021 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== MD. GULAM MUSTAFA ANSARI Son of MD. KAUSAR HUSSAIN ANSARI @ MD. KAUSAR ANSARI Resident of Vill.- Banahi, Asam Road, Ward No. 2, P.S.- Bihiya, Distt. - Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SAHNAZ BEGUM @ SHENAJ BEGUM Wife of Md. Gulam Mustafa Ansari @ Gulam Mustafa Ansari Resident of vill.- Banahi, Asam Road, ward no. 2 , P.S.- Bihiya, Distt.- Bhojpur. At present residing at Hansvadih, P.O.- Dalippur, P.S.- Piro, Distt.- Bhojpur.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Naushad, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, A.P.P.

Mr. Indra Bhushan Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 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, 324, 341 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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 amount of Rs. 3000/- (three thousand) per month to the opposite

Patna High Court CR. MISC. No.16193 of 2023(4) dt.19-09-2023 2/2 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 Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Complaint Case No. 928(C) of 2021, 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