Anjaar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46365 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- ABADPUR District- Katihar ====================================================== ANJAAR ALAM Son of Md. Ibrahim Ali Resident of village-Damdolia, Police Station-Abadpur, District-Katihar ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Rahmatullah, Advocate For the Opposite Party/s :

Mr.Nitya Nand Tiwary, Addl Public Prosecutor Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 328, 307, 323, 379, 498A/34 of the Indian Penal Code.

3. 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 month to informant's daughter Mausami Zaidi.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender 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 Chief Judicial Magistrate, Katihar in Abadpur Police Station Case No. 12 of 2023, subject to the conditions

Patna High Court CR. MISC. No.46365 of 2023(2) dt.10-08-2023 2/2 laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) informant's daughter Mausami Zaidi 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 informant's daughter Mausami Zaidi.

(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. (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