Danish Kaushar @ Danish Qaisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29407 of 2021 Arising Out of Case No.-920 Year-2018 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== DANISH KAUSHAR @ DANISH QAISAR Son of Late Qaisar Alam Resident of Killa Mohalla Kali Bagh, Ward no. 20, P.S.- Bettiah Town, District - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Zahida Danish @ Hena Wife of Danish Qaiser D/o Late Syed Abid Hussain, At present residing Ali Manzil Ahsan Zafar Colony, Lodi Katra, P.S.- Khwajakalan, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr. Jitendra Kr. Singh Mr. Rashid Izhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2022 Heard learned counsel for the parties.

The petitioner, husband of informant, apprehends his arrest in Complaint Case No. 920 of 2018 registered for the offence under Section 498(A) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 10,000/- (ten thousand) per month to the O.P. No.2, starting from this month.

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

Patna High Court CR. MISC. No.29407 of 2021(7) dt.20-06-2022 2/3 Rs. 10,000/- (ten thousand) per month, the petitioner abovenamed, in the event of his arrest/surrender within a period of six weeks from today, 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 learned Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Complaint Case No. 920 of 2018 on the following conditions: (1.) Informant 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 Informant.

(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

Patna High Court CR. MISC. No.29407 of 2021(7) dt.20-06-2022 3/3 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) BKS/- U T