Ajeebur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 20594 of 2023 Arising Out of PS. Case No.-268 Year-2022 Thana- SIKTI District- Araria ====================================================== AJEEBUR RAHMAN S/O NAIMUL HAQUE R/O VILLAGEKHORAGACHH, WARD NO.08, P.S SIKTY, DISTT- ARARIA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

RUBINA KHATOON W/O AJEEBUR RAHMAN, D/O MD. ALAM R/O VILLAGE- LAKARI KATTA DHARMGANJ, P.S- PALASI, DISTT.- ARARIA.

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

For the Petitioner/s :

Mr Anil Prasad Singh, Advocate For the S t a t e :

Mr Sanjay Kumar, APP For Opposite Party No 2 :

Mr Ramesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner, State and Opposite Party No 2.

2 The petitioner, who is husband of Opposite Party No 2, apprehends arrest in Sikty PS Case No 268 of 2022 registered for the offence punishable under Sections 143, 341, 323, 498A, 504, 506 of Indian Penal Code and Sections 3 & 4 of 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 the petitioner is ready to give maintenance amount of Rs 3000/- per month, in the event of arrest/surrender

Patna High Court CR. MISC. No.20594 of 2023(4) dt.04-09-2023 2/2 within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Araria in Sikty PS Case No 268 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure as well as on the following conditions: (i) 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.

(ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of Opposite Party No 2.

(iii) 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 bonds.

(iv) 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) M.E.H./- U