Md. Sanowar Alam @ Mohammad Sanowar Alam @ Md. Sanauvar Alam @ Md. Sanowar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19621 of 2023 Arising Out of PS. Case No.-1455 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Sanowar Alam @ Mohammad Sanowar Alam @ Md. Sanauvar Alam @ Md. Sanowar Son of Late Md. Mofiz @ Md. Mofiz Alam @ Mohammad Mofiz Alam Resident of village - Samdha, P.S.- Azamnagar, District - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Wazeda Khatoon Wife of Md. Sanowar Alam Daughter of Md. Noor Alam, Presently residing at village - Nista Tola Nekula, P.S.- Balia Belon (Kadwa), District - Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Md. Rahmatullah, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, A.P.P.

Mr. Najeeb Ahmad, Advocate Mr. Thakur Brajesh Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2023 Heard learned counsel for the parties.

2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. 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.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance

Patna High Court CR. MISC. No.19621 of 2023(3) dt.08-08-2023 2/2 amount of Rs. 3000/- (three thousand) per month, 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, Katihar in connection with Complaint Case No. 1455 of 2018, 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 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.'

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