Md. Gulam Goss @ Gulam Goss v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21534 of 2024 Arising Out of PS. Case No.-1718 Year-2019 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Md. Gulam Goss @ Gulam Goss S/o Md. Akhtar Hussain R/o Vill - Sabutar, P.S. - K. Nagar, District - Purnea ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sazida Khatun D/o Saidur Rahman, W/o Md. Gulam Goss R/o Vill - Pokharia, P.S. - Muffasil Ranipatra (Sadar), Dist. - Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Ranjan Kumar, Advocate Mr. Harendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2024 Despite valid service of notice, nobody appears on behalf of the O.P. No. 2. However, from perusal of the record it appears that the O.P. No. 2 has written a letter to this Court stating therein that she is not in a position to engage a lawyer or to come to Patna.
2. Heard learned counsel for the petitioner and the State.
3. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 341, 379, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.21534 of 2024(3) dt.24-06-2024 2/3 petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/- 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. 5000/- (five thousand) per month to the opposite 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 Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 1718 of 2019, 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
Patna High Court CR. MISC. No.21534 of 2024(3) dt.24-06-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.'
6. Since the O.P. No. 2 has not appeared, learned court below shall ensure that account No. of the O.P. No. 2 is duly furnished to the petitioner within a period of four weeks from the date of receipt of copy of this order.
(Prabhat Kumar Singh, J) Navya/- U T