Md. Ahtesham v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 16997 of 2019 Arising Out of PS. Case No.-1691 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Ahtesham age 28 years, Male, Son of Md. Musa Sah R/O- Salehpur, P.S.- Falka, Distt- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Momtaj Begum age 20 years Female, Wife of Md. Ahtesham D/O- Md. Shamsuddin, R/O- Salehpur, P.S.- Falka, Distt- Katihar, at present R/OKamalpur, P.S.- Azamnagar, Distt- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in Complaint Case No. 1691 of 2017 registered for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.. Earlier, vide order dated 09-09-2019, the matter was sent to District Mediation Centre, Katihar for settlement of dispute between the parties, but from perusal of Coordinator's report dated 04-11-2019 (Flag 'C'), it appears that mediation has failed.

Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 2,000/- (two thousand) per month, starting from this month, to complainant/opposite party no. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2,000/- (two thousand) per month, in the event of

Patna High Court CR. MISC. No.16997 of 2019(10) dt.18-02-2020 2/2 arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Katihar in connection with Complaint Case No. 1691 of 2017 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) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(5) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(6) 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.) anay U T