Md. Manovar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25563 of 2024 Arising Out of PS. Case No.-1967 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Md. Manovar S/o Md. Tahir R/o vill - Baraili, P.S. - Amour, Distt. - Purnea ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Gajala Khatoon W/o Md. Manovar, D/o Md. Touhid R/o vill - Baraili, P.S. - Amour, Distt. - Purnea ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-05-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 120B, 307, 504 and 506 of the Indian Penal Code. 3.

In compliance of the order dated 8-5-2024, the petitioner is present in the court, but the OP No. 2 does not appear.

4.

On query of the court from the learned counsel appearing on behalf of the OP No. 2 that as to why the OP No. 2 has not appeared despite specific direction dated 8-5-2024 on

Patna High Court CR. MISC. No.25563 of 2024(3) dt.14-05-2024 2/3 which it has been submitted that OP No. 2 was informed about the order dated 8-5-2024, but then submits that OP No. 2 has to look after three children and she is suffering from financial crisis and is completely dependent on her parents and that might be a reason that she, despite being aware of the order, did not come to the court on which learned counsel for the petitioner submits that petitioner is willing to pay a monthly maintenance of Rs. 5,000/- to the OP No. 2 on which the learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner and the the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance commences from 1-6-2024. 5.

Considering the submission made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1967 of 2022 subject to the conditions as laid down under

Patna High Court CR. MISC. No.25563 of 2024(3) dt.14-05-2024 3/3 Section 438 (2) of the Cr.P.C.

6.

However, it is made clear that OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months. (Satyavrat Verma, J) SUMIT/- U T