Md Firoj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21035 of 2022 Arising Out of PS. Case No.-399 Year-2020 Thana- AMNAUR District- Saran ====================================================== MD FIROJ SON OF ABDUL KARIM R/O VILLAGE- DHARAMPUR JAFAR, P.S.- AMNOUR, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

The State of Bihar

2. Sahiba Khatoon @ Sahiba Begum ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Amnour P.S. Case No. 399 of 2020 instituted for the offence under Sections 341, 323, 498(A), 379, 504, 506/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. 2.5 lakh and a motorcycle, petitioner started to abuse and torture the informant mentally and physically.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.21035 of 2022(3) dt.29-11-2022 2/3 that petitioner is husband of the informant and he has been falsely implicated in the present case.

Learned counsel for the informant prays for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, submits that petitioner is ready to give Rupee four thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 4,000/- (Four Thousand) in every month commencing from December, 2022 as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today,

Patna High Court CR. MISC. No.21035 of 2022(3) dt.29-11-2022 3/3 shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned ACJM, Saran at Chapra in connection with Amnour P.S. Case No. 399 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of December, 2022) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U