Md. Rizwan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35876 of 2022 Arising Out of PS. Case No.-487 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== MD. RIZWAN Son of Md. Rakib Resident of Village - Mahalgaon, Ward no.2, P.S.- Mahalgaon, Distt.- Araria.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

BIBIB SABRIN W/o Md. Razwan, D/o Md. Razzak Resident of Village - Ward No.2, Mahalgaon, P.S.- Mahalgaon, Distt.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Prem Kumar Jha Mr. Nafisuzzoha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 498(A) of the Indian Penal Code and 3⁄4 of D.P. Act.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. He further submits that in the maintenance case the petitioner was directed to pay Rs.4500/- per month to the O.P. no.2 but he had not paid the said amount and the arrear amount has came about Rs.1 lakh,

Patna High Court CR. MISC. No.35876 of 2022(5) dt.09-01-2023 2/2 out of which the petitioner has paid Rs.45,000/- to the O.P. No.2. He further submits that the petitioner is agreed to pay monthly maintenance of Rs.4500/- per month to the O.P. No.2. Petitioner has no criminal antecedent.

Learned APP for the State as well as learned counsel for the O.P. No.2 opposed the prayer for anticipatory bail. Petitioner is directed to pay the rest of arrear amount of about Rs.55,000/- to the O.P. No.2 within one year. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Complaint Case No.487-C/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T