Md. Alamgir, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21433 of 2019 Arising Out of PS. Case No.-1805 Year-2017 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Alamgir, Son of Noor Islam, Resident of Kachora, P.S.- Kadwa, DistrictKatihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amina Khatoon Wife of Md. Alamgir, D/O- Mukhtar Ali Resident of Sikorna, Noor Tla, P.S.- Kadwa, District - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No.1805 of 2017 disclosing offence under Section 498A of the Indian Penal Code. Allegation against the petitioner is of assault his wife for demand of Rs.1,00,000/-.

Submission of the learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with full dignity and care. Heard learned A.P.P. as well as learned counsel for the opposite party no.2 also, who has opposed the prayed for bail by stating that he has got another lady and has not given any maintenance to her and the children and the petitioner is

Patna High Court CR. MISC. No.21433 of 2019(3) dt.21-06-2019 2/2 working as labourer in Bombay.

Having heard both sides, considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned court of Judicial Magistrate, 1st Class, Katihar, in connection with Complaint Case No.1805 of 2017 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is further subject to condition that he will pay Rs.3000/- per month to the opposite party no.2 as a maintenance for a period of one year. In the meantime, the opposite party no.2 is at liberty to file a maintenance case before the Family Court and the petitioner has to co-operate in disposal of the maintenance case, if any, filed by the opposite party no.2 and he shall abide by any interim order or final order passed by the Family Court in that concerned.

Sunil Shukla/- (Vinod Kumar Sinha, J) U T