Md. Wakil Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18791 of 2024 Arising Out of PS. Case No.-831 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Wakil Ansari S/o Late Md. Sayum Ansari Resident of village Harpur Shyam PS Khanpur District Samastipur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rehana Khatoon W/o Md. Wakil Ansari R/o vill - Harpur Shyam, P.s. - Khanpur, Dist. - Samastipur, Presently R/o vill - Daulatpur, ward no. 1, P.O. - Shekhopur, P.s. - Warisnagar (Mathurapur O.P), Distt. - Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bijay Bhushan Prasad, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP Mr. S. Kumar, Adv.
Mr. Hafiz Shahbaz Arif, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Earlier, the matter was referred to Mediation Centre, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag 'M').
2. Heard the parties.
3. The petitioner apprehends his arrest in connection with Tr. No. 2831 of 2023 arising out of Complaint Case No. 831 of 2023 registered under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party
Patna High Court CR. MISC. No.18791 of 2024(4) dt.25-07-2024 2/3 no. 2. The petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this 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 or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Samastipur in connection with Tr. No. 2831 of 2023 arising out of Complaint Case No. 831 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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.
(ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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.
Patna High Court CR. MISC. No.18791 of 2024(4) dt.25-07-2024 3/3 (iv) 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) utkarsh/- U T