Ekramul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31578 of 2021 Arising Out of PS. Case No.-70 Year-2019 Thana- MAHILA PS District- East Champaran ====================================================== Ekramul Haque Son of Sekh Samsuddin R/O Village- Galimapur, P.O. & P.S. Taraiya, District- Chapra (Saran) ... ... Petitioner
Versus
1.
The State of Bihar.
2.
Nazani Khatoon Wife of Ekramul Haque, D/O- Late Shekh Samruddin R/O Village- Basaon, P.S.- Basatpur, District- Siwan. ... ... Opposite Parties ====================================================== Appearance :
For the Petitioner :
Mr. Saroj Kumar Singh, Advocate For the State :
Mr. Tarkeshwar Nath Thakur, APP For the Informant : Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner, learned counsel for the Informant and learned APP for the State. Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today.
The petitioner apprehends his arrest in connection with East Champaran, Motihari Mahila P.S. Case No. 70 of 2019 registered for the offences punishable under Sections 341, 342, 323, 504, 406, 313, 498(A) of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
The petitioner has produced the original interlocutory application which is kept on record. In the interlocutory application, the petitioner has given his present and correct address.
There are allegations and counter allegations between both the parties. The petitioner is the husband of the opposite
Patna High Court CR. MISC. No.31578 of 2021(4) dt.09-03-2022 2/3 party no. 2. The alleged dispute and the allegations cannot be verified in this anticipatory bail proceeding. Considering the same and also in view of the law laid down by the Apex Court in the case of Arnesh Kumar Vs. The State of Bihar, reported in (2014) 8 SCC 273, this application for anticipatory bail is allowed.
Accordingly, let the petitioner above named be released on bail, in the event of her arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, Motihari in connection with East Champaran, Motihari Mahila P.S. Case No. 70 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
It has been informed that the opposite party no. 2 has filed Maintenance Case No. 103 of 2021 in the Court of Principal Judge, Family Court, East Champaran, Motihari in which the petitioner has not yet appeared.
The petitioner is directed to appear in the aforesaid Maintenance Case on 23rd of March, 2022 and on that date the Principal Judge, Family Court, East Champaran, Motihari will fix a date for hearing and thereafter will proceed and decide the maintenance case within the next three months. If the petitioner
Patna High Court CR. MISC. No.31578 of 2021(4) dt.09-03-2022 3/3 does not cooperate in the maintenance case then the maintenance case will proceed ex-parte. While deciding the maintenance, the Principal Judge, East Champaran, Motihari will be guided by the judgment of the Hon'ble Supreme Court in the case of Rajnesh Vs. Neha, reported in 2020 SCC Online SC-903. In the meantime, the petitioner will pay maintenance of Rs. 3,000/- per month to the opposite party no. 2 in her bank account, the details of which shall be shared by the Advocate of the opposite party no. 2 to the Advocate for the petitioner either in this Court or in the Court below. Any default to make payment of the maintenance amount will result in the cancellation of the bail bond of the petitioner.
This maintenance amount is subject to the final order of maintenance passed by the Principal Judge, Family Court, East Champaran, Motihari.
With the aforesaid observations and directions, this application is allowed.
Let a copy of this order be communicated to the Principal Judge, Family Court, East Champaran, Motihari through fax/e-mail.
(Sandeep Kumar, J) Ibrar//- U T