Md. Tayeem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23856 of 2024 Arising Out of PS. Case No.-3308 Year-2012 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Tayeem S/o- Late Md. Kalam Village- Din Nagar Puraini Ps- Jagdishpur Dist- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bibi Ravisa Khatoon wife of Md. Tayeem, D/o- Md. Sakur Wakali VillageMirjapur Ps- Korha Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pawan Kumar Singh, Advocate For the State :
Ms. Gulnar Begum, APP For Opposite Party No.2 :
Mr. Shive Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2024 Heard learned counsels for the parties.
2.
The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code.
3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to complainant/Opposite Party No. 2.
5. In view of the undertaking of learned counsel for
Patna High Court CR. MISC. No.23856 of 2024(5) dt.26-10-2024 2/3 the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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-VIth, Katihar, in connection with Complaint Case No. CA 3308 of 2012, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/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.
(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) 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. (D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or
Patna High Court CR. MISC. No.23856 of 2024(5) dt.26-10-2024 3/3 connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T