Patna High CourtCR. MISC./56307/2023bail granted

Yusuf Khan @ Md. Yusuf Khan v. The State Of Bihar

2023-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56307 of 2023 Arising Out of PS. Case No.-1594 Year-2022 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Yusuf Khan @ Md. Yusuf Khan Son Of Md. Chand Khan Resident Of Village- Saidih, Ps- Khizesarai, Distt- Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

Ruhi Khatoon Wife Of Yusuf Khan Resident Of Village- Saidih, PsKhizersarai, Distt- Gaya , At Present Residing At Village- Barhoriya, PsFatepur, Distt- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vardaan Mangalam, Adv.

Mr. Dinu Kumar, Adv. Ms.Ritika Rani,Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1,APP Md. Murad Ashraf, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Heard learned counsel for the parties.

2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 2,000/- (two thousand) per month, starting from this month, to complainant/O.P.-2.

5. In view of the undertaking of learned counsel for

Patna High Court CR. MISC. No.56307 of 2023(3) dt.06-12-2023 2/2 the petitioner that petitioner is ready to give maintenance amount of Rs. 2,000/- (two thousand) per month to complainant/O.P.-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 J.M. 1st Class-cum-Addl. Munsif, Gaya in connection with Complaint Case No. 1594 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/O.P.-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/O.P.-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.

(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) anay/- U T