Ajaz Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31185 of 2019 Arising Out of PS. Case No.-684 Year-2017 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Ajaz Ahmad, Son of Md. Nejamuddin, Resident of Mohalla - Seetalal Gali, P.S.- Deo, Distt - Aurangabad.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rehana Parveen, Daughter of Late Aenul Haque, Resident of MohallaAjmer Nagar, Police station- Aurangabad (T), District- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar Singh, Advocate For the Opposite Party/s :

Mr.Ajit Kumar, APP For the Informant :

Mr. Leelawati Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 684 of 2017, disclosing offences under Sections 147, 323, 379, 498A, 504 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act. Allegation against the petitioner is of subjecting the complainant-wife to cruelty and torture and also of assault Submission of learned counsel for the petitioner is that the whole allegation is false and concocted and he is still ready to keep her with dignity and care, but the complainantopposite party no.2 is not ready for that.

Patna High Court CR. MISC. No.31185 of 2019(5) dt.26-07-2019 2/3 On the other hand, the opposite party no.2 has appeared and opposed the prayer for anticipatory bail on the ground that she has subjected to sever assault and as such, she is not ready to live with him. Further submission is that she has also filed a maintenance case before the Family Court, Aurangabad.

Having heard both sides, let the petitioner, above named, surrender before the learned court below on 08.08.2019 and on condition that he will pay Rs.3000/- per month to the opposite party no.2, till any interim or final order is passed in the maintenance case filed by the opposite party no.2, he will be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Complaint Case No. 684 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

It is also made clear that failure to payment of maintenance continuously for three months, the opposite party no.2 shall be at liberty to move for cancellation of the bail bonds of the petitioner before the court below itself. With the aforesaid observations, this application is

Patna High Court CR. MISC. No.31185 of 2019(5) dt.26-07-2019 3/3 disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T