Md Nadeem v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59685 of 2021 Arising Out of Case No.-688 Year-2020 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== MD NADEEM Son of Md. Shamimuddin @ Md. Shamim Resident of Village - Moh- Amin Colony, Lodi Katra, P.s.- Khajekalan, P.O.- Jhauganj, Distt.- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shajiya Naj W/o Md. Nadeem , D/o shamshad Ali Permanently Resident of Village - Amin Colony, Lodi Katra, P.s.- Khajekalan, P.O.- Jhauganj, Distt.- Patna. Presently resident at Dargah Road, Pathar Ki Masjid, P.S.- sultanganj, P.O.- Mahendra , Distt.- Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Rajeev For the Opposite Party/s :
Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2022 Heard learned counsel for the parties.
The petitioner, husband of informant, apprehends his arrest in a case registered for the offence punishable under Section 498(A), 323 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits and offers that at this juncture, the petitioner is ready to give maintenance amount of Rs. 3500/- (three thousand five hundred) per month to the informant, starting from this month.
In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of
Patna High Court CR. MISC. No.59685 of 2021(3) dt.10-11-2022 2/3 Rs. 3500/- (three thousand five hundred) per month, the petitioner above-named, in the event of his arrest/surrender within a period of six weeks from today, 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 Sub-Divisional Judicial Magistrate, Patna City, Patna in connection with Complaint Case No. 688/ 2020 on the following conditions:
(1.) Informant would file an affidavit before the court below and bring on record her Saving bank account number for its communication to the petitioner.
(2.) Petitioner would deposit the aforesaid maintenance amount per month in the Saving bank account of the Informant.
(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.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.59685 of 2021(3) dt.10-11-2022 3/3 (5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(6.) 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) BKS/- U T