Aftab Alam @ Tinku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28116 of 2024 Arising Out of PS. Case No.-109 Year-2020 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== AFTAB ALAM @ TINKU S/O KABIULLAH @ LADDAN Resident of Mohalla- 19/230(1) Patakapur, near Jama Masjid Kanpur, P.S.-Kanpur, District- Kanpur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MUMTAHINA PRAVEEN W/O AFTAB ALA @ TINKU R/O MOHALLASULEMANGANJ, CHOWK BAZAR, P.O- SASARAM, P.S- SASARAM TOWN, DISTT.- ROHTAS.

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

For the Petitioner/s :

Mr. Shashi Kant , Advocate Mr. Surendra Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP For OP 2 :

Babu Nandan Prasad , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 1 . Heard learned counsel for the petitioner, the APP Mr. Umeshanand Pandit for the State and the opposite party no.2.

2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A) of the Indian Penal Code and 3/ 4 of the D. P 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

Patna High Court CR. MISC. No.28116 of 2024(3) dt.26-06-2024 2/3 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 amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 the learned CJM, Sasaram in connection with Complaint Case No. 109 of 2020 , 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 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) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected

Patna High Court CR. MISC. No.28116 of 2024(3) dt.26-06-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

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