Saiyad Sahnawaz v. The State Of Bihar

Patna High Court Cr.Misc. No.25772 of 2016 (6) dt.24-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25772 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -MAHILA PS DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Saiyad Sahnawaz son of Mir Sanaullah, Resident of Village- Barewa, P.O. + P.S.- Dhaka, District- East Champaran. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ansul, Advocate Mr. Pravin Kumar For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 24-10-2016 The petitioner apprehends his arrest in a case under Sections 341, 323, 504, 494, 498A/34 of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act. The petitioner is the husband of the informant Yasmin Khatoon. Learned counsel for the informant submits that the informant is willing to live with her husband. The petitioner submits that the allegation of harassment and assault are not correct and no injury report has been brought on record. He further submits that he is willing to pay a sum of Rs.1,500/- per month as maintenance to the informant. As all efforts to bring the husband and the wife together failed, this case has been heard on merit.

Learned counsel for the informant very fairly submits that the petitioner should enhance the maintenance amount offered by

Patna High Court Cr.Misc. No.25772 of 2016 (6) dt.24-10-2016 him.

Having regard to the facts and circumstances of the case and in the interest of justice, in the event of arrest/ surrender, the petitioner, namely, Saiyad Sahnawaz, is directed to be released on anticipatory bail, in connection with Mahila P.S. Case No.4 of 2016, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sikrahna at Dhaka, East Champaran subject to the following conditions: (i) The petitioner would deposit a sum of Rs.2,000/- per month in the informant's Bank account by the 10th of the following month, subject to the maintenance fixed by the Court below in an appropriate proceeding. In order to facilitate the payment of the amount, the informant would open a Bank Account, if she does not have any existing account, and would furnish the account number to the petitioner in the learned court below.

(ii) In case the petitioner fails to deposit a sum of Rs.2,000/- per month in the informant's Bank account for two consecutive months, the learned court below would take steps for cancellation of his bail.

(Samarendra Pratap Singh, J) KHAN/- U T