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Patna High CourtCR. MISC./48569/2019allowed

Md. Jafir v. The Sate Of Bihar

2022-03-10Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48569 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- ARER District- Madhubani ====================================================== MD. JAFIR Son of Majibul Rahman Resident of Village - Arua, P.S.- Arer, Dist.- Madhubani.

... ... Petitioner/s

Versus

1.

THE SATE OF BIHAR 2.

Famida Khatoon W/o Md. Jafir , Resident of Village - Arua, P.S.- Arer, Dist.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Upendra Kumar Mr. Soban Asghar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-03-2022 Heard learned counsels for the petitioner, the State, and the opposite party no. 2.

Petitioner apprehends arrest in connection with Arer P.S. Case No. 32 of 2019 registered for the offence punishable under sections 342, 323, 304, 498A/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner is ready to keep his wife with full honour and dignity. Petitioner is ready to pay Rs. 1000/- per month for the maintenance of the children and Rs. 1000/- per month for the maintenance of his wife. Two supplementary affidavits have been filed to that effect.

Patna High Court CR. MISC. No.48569 of 2019(9) dt.10-03-2022 2/2 Learned counsel appearing for the opposite party no. 2 submits that the amount of Rs. 2000/- per month is not sufficient for the maintenance of wife and the children and the said amount may kindly be increased to Rs. 4000/- to suffice their requirements.

Considering the facts and circumstances of the case and the rival submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Judicial Magistrate, 1st Class, Benipatti in connection with Arer P.S. Case No. 32 of 2019 subject to the conditions laid down under section 438(2) Cr.P.C. with further condition that petitioner shall pay Rs. 4000/- per month to the opposite party no. 2 for her maintenance as also for the maintenance of their children.

(Arvind Srivastava, J) mcv/- U