Khatabul @ Khatebul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21404 of 2019 Arising Out of PS. Case No.-100 Year-2011 Thana- POTHIYA District- Kishanganj ====================================================== KHATABUL @ KHATEBUL Son of Late Tahir Hussain Resident of Village - Dowabari Jahangirpur, P.s.- Paharkatta, Distt.- Kishanganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sabnur Begum Wife of Khatabul @ Khatebul Resident of Village - Dowabari Jahangirpur, P.s.- Paharkatta, Distt.- Kishanganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Arun Kumar Pandey For the O.P.No.2 :

Mr. Apurva Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Pothia (Pahar Katta) P.S.Case No.100 of 2011, registered for offences punishable under Sections 323, 498(A), 34, 379 of the Indian Penal Code.

Prosecution story is of subjecting the informant to cruelty and harassment with respect to demand of Rs.01 lac and also took away her daughter.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted as his mother was suffering from paralysis and the informant O.P.no.2 was not ready to take care of her and that is why she left the house making false allegation.

Heard learned A.P.P. and the learned counsel for the

Patna High Court CR. MISC. No.21404 of 2019(4) dt.01-07-2019 2/2 informant. They have opposed the prayer for bail on the ground that apart from allegation, O.P.No.2 has also filed maintenance case, in which the petitioner was directed to pay Rs.5,000/- (five thousand) per month and he has not even paid the current maintenance amount ..

Having heard both sides and in view of the facts and circumstances, as stated above, petitioner is directed to surrender by 11.7.2019 and on that he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Sri P.K.Tiwari, J.M. Ist Clas, Kishanganj in connection with Pothia (Pahar Katta) P.S.Case no.100 of 2011, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with condition that he will pay current maintenance amount to O.P.no.2 till it is revised or any other order is passed in that concern.

With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T