Md Sadik Khan @ Dilbahar Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50460 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Md Sadik Khan @ Dilbahar Khan S/O Kadir Khan R/O Village- East Dariyapur, Ps. Sangrampur, Dist. East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sadia Khan W/O Md. Md. Sadik Khan @ Dilbahar Khan R/O Village- East Dariyapur, Ps. Sangrampur, Dist. East Champaran. Presently D/O Kalim Khan, R/O Village- Kanth Chhapra, Ps. Pipra, Dist. East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr .Ajay Kumar Singh, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

Mr. B.K. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 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, 498A, 406, 376, 511, 504, 506/34 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 opposite party No. 2.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance

Patna High Court CR. MISC. No.50460 of 2023(2) dt.17-08-2023 2/2 amount of Rs. 3000/- (three thousand) per month, 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 Chief Judicial Magistrate, East Champaran in connection with Complaint Case No. 519 of 2022, 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 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) Navya/- U T