Salim Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26075 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Salim Khan Son of Late Mohammad Jan Khan R/o Village- Piunibagh, Baswariya, P.S.- Bettiah (Town), Dist.- West Champaran ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rabiun Nesha @ Rabiun Khatoon W/o Salim Khan, D/o Md. Sheikh Ejajul Resident of Village- Piunibagh, Baswariya, P.S.- Bettiah (Town), Dist.- West Champaran ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, A.P.P.

Mr. Sanjeev Kumar, Md.Dilshad Alam and Sitesh Kashyap, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2025 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A, 323 and 506 of the IPC.

3. Mediator's report dated 13.12.2024 reveals that in spite of efforts, dispute between the parties could not be resolved through process of mediation. However, it is submitted by learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month to the opposite party no.2.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.26075 of 2024(5) dt.07-01-2025 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah (Muffasil) Police Station Case No. 283/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) Opposite party no.2. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

(iii) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond. (iv) 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) Shashi U T