Sabbeer Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34435 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- SIMRI District- Buxar ====================================================== Sabbeer Ahmad Son of Late Sagir Ahmad Resident of Village- Lallapura (Chhitupur), PS- Sigra District- Varanashi (Uttar Pradesh) ... ... Petitioner

Versus

1.

The State of Bihar 2.

Haseena Khatoon Wife of Sabbeer Ahmad Resident of Village- Lallapura (Chhitupur), PS- Sigra District- Varanasi (Uttar Pradesh), at present residing at village- Kazipur, PO- Dumri, PS- Simri, District- Buxar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the State :

Mr.Tarkeshwar N Thakur, Addl Public Prosecutor for opposite party no.2 Mr. Satyapal Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under Sections 498A/323/34 and other allied sections of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. From mediator's report dated 24.11.2023 it appears that efforts of mediation between the parties has failed. Petitioner is husband and other petitioners are in-laws of opposite party no.2. Learned counsel for the petitioners submits that 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 petitioners that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender

Patna High Court CR. MISC. No.34435 of 2023(3) dt.13-12-2023 2/2 within a period of six weeks from today, 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 Additional Chief Judicial Magistrate IV, Buxar in Simri Police Station Case No. 29 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:- (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 of petitioner no.1.

(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