Akbar Ali @ Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27853 of 2024 Arising Out of PS. Case No.-1208 Year-2021 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Akbar Ali @ Akbar son of Zado Hussain Resident of Village- Satbhirwa, P.S.- Majhaulia, Dist.-West Champaran, At present House No. 228, Chandeshwar Nagar, Bishwakarma Chowk, Rishikesh, P.S.- Rishikesh Kotwali, Dist.- Dehradun (Uttarakhand) ... ... Petitioner/s

Versus

1 .

The State of Bihar 2.

Sajda Khatoon Wife of Akbar Ali @ Akbar, Daughter of Noor Alam Ansari Resident of Village- Dhumnagar Tola, P.S.- Nautan, Dist.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP For OP 2 :

Shiv Kumar Dwivedy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 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 Section 498A of the Indian Penal Code . 3 . Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 27.08.2024 it appears that the mediation between the parties failed.

4. 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

Patna High Court CR. MISC. No.27853 of 2024(4) dt.12-09-2024 2/3 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 eight 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 Bettiah West Champaran in connection with Complaint Case No. 1208-C of 2021 , 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 below would be at liberty to cancel the bail-bond.

Patna High Court CR. MISC. No.27853 of 2024(4) dt.12-09-2024 3/3

(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