Saddam Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21638 of 2022 Arising Out of PS. Case No.-312 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SADDAM HUSSAIN SON OF HANIF MIYAN R/O VILLAGEMAHUWA, P.S.- KUCHAIKOTE, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SHABANA KHATOON D/O- LATE ALIM AHMAD MIYAN R/O VILLAGE- DHODHWALIYA, P.S.- KUCHAIKOTE, DISTRICTGOPALGANJ ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2022 Heard learned counsel for the parties.

The petitioner, husband of informant, apprehends his arrest in a case registered for the offence punishable under Section 498(A), 326 and some other ancillary Sections of the Indian Penal Code.

Learned counsel for the petitioner submits and offers that at this juncture, the petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month to the informant, starting from this month.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, the petitioner above-

Patna High Court CR. MISC. No.21638 of 2022(3) dt.29-11-2022 2/3 named, 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 Additional Chief Judicial Magistrate- VII, Gopalganj in connection with Kuchaikote P.S. Case No. 312/ 2019 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.21638 of 2022(3) dt.29-11-2022 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