Patna High CourtCR. MISC./54927/2023bail granted

Md. Sikandar Khan v. The State Of Bihar

2024-03-12Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54927 of 2023 Arising Out of PS. Case No.-1355 Year-2019 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== MD. SIKANDAR KHAN Son of Shahjahan Resident of village - Shila, Post - Dhibar, P.S. - Fatehpur, Distt. - Gaya ... ... Petitioner/s

Versus

The State of Bihar 2.

NAJNEE KHATOON D/o Md. Eaijul Khan, W/o Md. Sikandar Khan R/O MAIKE VILLAGE BAHIARA, P.S. GOVINDPUR, DISTRICT NAWADA, ADDRESS SASURAL R/O VILLAGE SHILA, POST DHIBAR, P.S. FATEHPUR, DISTRICT GAYA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, A.P.P.

For the O.P. No. 2 :

Mr. Deepak Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the parties jointly submitted that the case was referred for mediation but then the mediation failed.

4. Learned counsel appearing on behalf of the petitioner submits that the relationship in between the petitioner

Patna High Court CR. MISC. No.54927 of 2023(5) dt.12-03-2024 2/3 and the opposite party no. 2 has soured to an extent that it is not possible to revive the conjugal relation.

5. Learned counsel appearing on behalf of the opposite party no. 2 also concurs with the said submission but then submits that the marriage is still subsisting and the opposite party no. 2 is suffering on account of financial issues on which learned counsel for the petitioner submits that the petitioner is willing to pay a monthly maintenance of Rs.3,000/- (rupees three thousand) to the opposite party no. 2. It is further submitted that the maintenance as agreed will commence from 15.04.2024.

6. Learned counsel appearing on behalf of the opposite party no. 2 submits that in the meantime he will try to obtain the bank account number of the opposite party no. 2 and will Whatsapp the same on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the maintenance as agreed commences from 15.04.2024.

7. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

8. In view of the joint submissions made by the learned counsel for the parties, the petitioner above-named, in

Patna High Court CR. MISC. No.54927 of 2023(5) dt.12-03-2024 3/3 the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 1355 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. However, it is made clear that the opposite party no. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner in the event the petitioner does not deposit the maintenance amount as agreed for two consecutive months.

(Satyavrat Verma, J) Kundan/- U T