Gulam Sarwar @ Sarbar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44618 of 2024 Arising Out of PS. Case No.-2292 Year-2023 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== Gulam Sarwar @ Sarbar S/o Samid @ Samidur Rahman R/o vill - Rani, P.S. - Amour, Distt. - Purnea ... ... Petitioner/s iVersus 1 .
The State of Bihar 2.
Farhana D/o Naimuddin R/o vill - Bangama Vishnupur, P.S. - Amour, Distt. - Purnea ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amit Kumar Anand , Advocate For the Opposite Party/s :
Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2025 Heard learned counsel for the parties.
2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 341 , 323 , 324 , 498A , 406 and 307 of the Indian Penal Code and 3/ 4 of the D. P Act. 3 . Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 08.01.2025 it appears that the mediation between the parties failed.
4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/- per month, starting from this
Patna High Court CR. MISC. No.44618 of 2024(4) dt.15-01-2025 2/4 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. 3000/- (three thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six 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 the learned Judicial Magistrate 1st Class Purnea in connection with Complaint Case No. 2292 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 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
Patna High Court CR. MISC. No.44618 of 2024(4) dt.15-01-2025 3/4 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) Koushik/- U T
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