Md Nawab Ali v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15347 of 2019 Arising Out of PS. Case No.-3212 Year-2015 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== MD NAWAB ALI Son of Md. Ilias Resident of Village -Bagha, P.S.- Begusarai Town and District- Begusarai ... ... Petitioner/s
Versus
1.
The State of Bihar and anr Bihar 2.
Rubi Khatoon D/O - Md. Saukat Ali, Wife of Md. Nawab Ali Resident of Madhurapur, Ward No.7, P.S.- Teghra, District- Begusarai ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 Heard the parties.
This application is for grant of bail in connection with Complaint Case No.3212 C of 2015 for the offences under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
Case is under Section 498(A) of the IPC and the allegation is of demand of motorcycle and for that subjecting her both mentally and physically both and thereafter she was assaulted and accused persons also tried to hang her but any how her life was saved. Further allegation is that thereafter she was ousted from the house. It appears from perusal of the record that after appearance of O.P.no.2 the matter was referred to the
Patna High Court CR. MISC. No.15347 of 2019(4) dt.02-07-2019 2/3 Patna High Court Mediation and Reconciliation Centre however the report of the meditation kept at flag 'M' disclose that the mediation failed in spite of best efforts.
Submission of the learned counsel for the petitioner is that he has no contact with the petitioner but so far merit of the case is concerned no specific allegation has been attributed against him either of demand or assault and the whole allegation is general of assault and demand. Heard learned A.P.P. and the learned counsel for the O.P.no.2. It is submitted on behalf of O.P.no.2 that she is ready even for one time settlement; for that the petitioner is not ready and he has not appeared in the meditation and he is also not paying any single penny to the O.P.no.2 for her maintenance.
In view of the above facts as stated above, this appreciation is disposed of with direction to the petitioner to pay Rs.1,500/- (one thousand and five hundred) per month tot O.P.no.2 for a period of one year and during that period, it is expected that O.P.no.2 shall move before the learned Family Court for grant of maintenance and the petitioner shall abide by any condition either interim or final passed by the learned Family Court and if the petitioner is ready on the above
Patna High Court CR. MISC. No.15347 of 2019(4) dt.02-07-2019 3/3 condition he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Begusarai in connection with Complaint Case No.3212C of 2015, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T