Babu Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25214 of 2024 Arising Out of PS. Case No.-1052 Year-2023 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Babu Hussain Son of Kabil Hussain @ Kamil Hussain R/o Village- Dewapur Purdil Tola, P.S.- Manjhagarh, Dist.- Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rehana Khatoon Wife of Babu Hussain, D/o Kabil Hussain R/o VillageDewapur Purdil Tola, P.S.- Manjhagarh, District- Gopalganj, presently resident of village- Teliya, P.S.- Manjhagarh, Dist.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar , Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the parties.

2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code and Sections 3 and 4 of the D. P Act.

3. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 05.09.2024 , it appears that though mediation between the parties was successful but later on, dispute arose and ultimately the same has failed.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give

Patna High Court CR. MISC. No.25214 of 2024(4) dt.11-09-2024 2/3 maintenance amount of Rs. 3000/- per month, starting from this month, to opposite party No. 2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- (three thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 the learned Sub-Divisional Judicial Magistrate Gopalganj in connection with Complaint Case No. 1052 of 2023 corresponding to tr. No. 2351 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- '(1) Opposite party No. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party No. 2.

(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court

Patna High Court CR. MISC. No.25214 of 2024(4) dt.11-09-2024 3/3 below would be at liberty to cancel the bail-bond.

(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise .'

(Prabhat Kumar Singh, J) Koushik/- U T