Md. Rizwan @ Kari Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15511 of 2023 Arising Out of PS. Case No.-457 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. RIZWAN @ KARI RIZWAN SON OF MD. RUSTAM @ RUSTAM ALI RESIDENT OF VILLAGE - PAKARIYA, P.S. - KASBA, DISTT. - PURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BIBI HUSNA KHATOON DAUGHTER OF MD. MANOVAR HUSSAIN, WIFE OF KARI RIZWAN RESIDENT OF VILLAGE - BAHURA, P.S. - AMOUR, DISTT. - PURNEA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 and 498 (A) of the Indian Penal Code.

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.

In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.15511 of 2023(2) dt.17-05-2023 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 Judicial Magistrate, 1st Class, Purnea or its available successor Court in connection with Complaint case No 457 of 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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

Patna High Court CR. MISC. No.15511 of 2023(2) dt.17-05-2023 3/3 parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Kaushik/- U T