Patna High CourtCR. MISC./23392/2023bail granted

Md. Monazir @ Monazir Roy @ Monajir Ray v. The State Of Bihar

2023-08-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23392 of 2023 Arising Out of PS. Case No.-1093 Year-2022 Thana- COMPLAINT CASE District- Araria ====================================================== MD. MONAZIR @ MONAZIR ROY @ MONAJIR RAY S/O NAIM RAY R/O Village- Bhargama, Ward No. 1, Bhargama Kamat, Anchal Bhargama, Harpur Kalan Police Station- Bhargama, Distt.- Araria. ... ... Petitioner/s

Versus

The State of Bihar 2.

Afsana Khatoon @ Apsana Khatoon W/O Md. Monazir @ Monazir Roy @ Monajir Ray, D/O Md. Waseer R/O Village- Sakin Bhargama, Ward No. 1, P.S- Bhargama, Distt.- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) and 323 of the Indian Penal Code.

3. The petitioner and the informant, in compliance of the order dated 21.07.2023, are present in the Court.

4. The petitioner submits that the relationship has soured to an extent that it is not possible to revive the conjugal relationship.

5. Even the informant is not willing to accompany the

Patna High Court CR. MISC. No.23392 of 2023(4) dt.01-08-2023 2/3 petitioner.

6. However, the petitioner submits that he will pay a monthly maintenance of Rs. 6,000/- which will commence from 16.08.2023 and shall be credited in the bank account of the informant.

7. The informant also agrees with the submission of the petitioner.

8. Learned counsel for the informant submits that he will whatsapp the bank account number on the whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance as agreed starts getting credited in the account of the informant from 16.08.2023.

9. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Compliant Case No.

Patna High Court CR. MISC. No.23392 of 2023(4) dt.01-08-2023 3/3 1093-C of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

10.

However, the informant would be at liberty to file an application, seeking cancellation of the anticipatory bail order of the petitioner, before this Court in the event if the petitioner does not deposit the maintenance amount as agreed in her account consecutively for two months.

(Satyavrat Verma, J) HarshPandey/- U T