Sayed Nasir Hasnain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 39993 of 2019 Arising Out of PS. Case No.-466 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sayed Nasir Hasnain aged about 36 years, Male, Son of Late Ghalib Hasnain Resident of Mohalla- Qr. No. C.D.602/QHC Section 02, H.E.C Colony Dhurbe, P.S.- Dhurwa, District- Ranchi.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruksar Sumbul D/O-Md.Shish, Wife of Syed Nasir Hasnain Resident of Friends Colony, Near House of Neyaz, Post Office-Mahendru, P.SSultanganj, District- Patna-800006 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Kamaluddin For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood Mr. Arshad Jameel Hashmi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8.

20-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in C.A. No. 466 of 2016 registered for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

Earlier, vide order dated 16-11-2019, the matter was sent to Mediation Centre for settlement of dispute between the parties, but from perusal of Mediator's report dated 06-02-2020 (Flag 'M'), it appears that mediation has failed. Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month, to complainant/opposite party no. 2, which has been agreed by the counsel for opposite party no. 2. 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, in the event of

Patna High Court CR. MISC. No.39993 of 2019(8) dt.20-02-2020 2/2 arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City in connection with C.A. No. 466 of 2016 on the following conditions:

"(1) 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.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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.

(4) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(5) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(6) 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