Asmat Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42559 of 2023 Arising Out of PS. Case No.-1062 Year-2022 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== ASMAT ALAM S/O LATE ALAUDDIN R/O Village- Sahangaon, PS. Amor, Dist. Purnea ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

DILARA KHATOON, W/O ASMAT ALAM, D/O EKBAL R/O VillageChokta,PS. Mahalgaon, Dist. Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-02-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A of the Indian Penal Code.

3.

The learned counsels for the parties have jointly submitted that the matter was referred for mediation but then the issue could not be resolved as such the mediation failed. 4.

The learned counsel for the petitioner submits that petitioner is the husband and is willing to pay a monthly maintenance of Rs. 4,000/- to the OP No. 2.

5.

The learned counsel appearing on behalf of the OP

Patna High Court CR. MISC. No.42559 of 2023(4) dt.13-02-2024 2/3 No. 2, in view of the submission made by the learned counsel for the petitioner based on instruction, submits that he also has instructions not to oppose the anticipatory bail application of the petitioner, in the event if the petitioner is willing to pay the aforesaid monthly maintenance.

6.

The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner. 7.

The learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance commences from 1-3-2024.

8.

Considering the submissions made by learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1062 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9.

However, it is made clear that in the event, if the

Patna High Court CR. MISC. No.42559 of 2023(4) dt.13-02-2024 3/3 petitioner does not pay the monthly maintenance as agreed for two consecutive months, the OP No. 2 shall be at liberty to file an application before the court seeking cancellation of the anticipatory bail granted to the petitioner.

(Satyavrat Verma, J) SUMIT/- U T