Md. Murtuza @ Mohammad Murtuza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56758 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- COMPLAINT CASE District- Supaul ====================================================== MD. MURTUZA @ MOHAMMAD MURTUZA SON OF MOHAMMAD NASIM RESIDENT OF VILLAGE - GHOGHARRIYA, P.O. - MANOHARPATTI, P.S. - NADI (BARHARA), DISTRICT - SUPAUL ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RUBY KHATOON WIFE OF MD. MURTUZA RESIDENT OF VILLAGE - GHOGHARRIYA, P.O. - MANOHARPATTI, P.S. - NADI (BARHARA), DISTRICT - SUPAUL, AT PRESENT D/O MD. UMAR FAROOQUE, RESIDENT OF VILLAGE AND P.O. - CHHITHI HANUMAN NAGAR, WARD NO. 11, P.S. - BHAPTIYAHI, DISTRICT - SUPAUL ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Pramod Mishra, Advocate For the State :

Ms. Indu Kumari Srivastava, APP For Opposite Party No.2 :

Md. Harun Quareshi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsels for the parties.

2.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case wherein cognizance has been taken for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/-

Patna High Court CR. MISC. No.56758 of 2024(2) dt.10-09-2024 2/3 (three thousand rupees) per month, starting from this month, to complainant/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. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 learned S.D.J.M., Supaul, in connection with Complaint Case No. 37C of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/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.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) 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.

Patna High Court CR. MISC. No.56758 of 2024(2) dt.10-09-2024 3/3 (D.) 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) shashank/- U T