Samsher Alam @ Shamsher Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33683 of 2024 Arising Out of PS. Case No.-445 Year-2023 Thana- RAMNAGAR District- West Champaran ====================================================== Samsher Alam @ Shamsher Alam Son Of Nasim Akhatar @ Naseem Akhtar Resident Of Village- Sohsa Fulwariya, P.S.- Ramnagar, District- West Champaran- 845106 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Aasia Khatoon @ Munni Khatoon Wife Of Samsher Alam @ Shamsher Alam Resident Of Sohasa Fulwariya, P.S.- Ramnagar, District- West Champaran- 845106 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, APP Mrs. Archana Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for informant/ opposite party no. 2.
2. The petitioner, who is husband of informant/opposite party no. 2, apprehends his arrest in a case registered for the offences under Sections 341, 342, 323, 498(A), 379, 504, 506 and 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act.
3. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.33683 of 2024(3) dt.11-09-2024 2/3 petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- 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. 3,000/- (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 learned S.D.J.M., Bagaha, West Champaran / concerned court in connection with Ramnagar P.S. Case No. 445 of 2023, corresponding to G.R. Case No. 1516 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
Patna High Court CR. MISC. No.33683 of 2024(3) dt.11-09-2024 3/3 maintenance amount for two consecutive months, the court 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) anay U T