Md. Mahtab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50297 of 2022 Arising Out of PS. Case No.-14 Year-2022 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== MD. MAHTAB Son of Md. Halim R/V- Kudhani, P.S - Kudhani, Dist. - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabbo Khatoon Wife of Md. Mahtab, D/o Md. Hamid R/V - Chuck Murmur, P.O - Damodarpur, P.S - Kanti, Dist. - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bishweshwar Ram, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 313, 379, 494 and 498(A)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner at the outset submits that petitioner being husband of the informant has been falsely implicated in the present case. Learned counsel further submits that petitioner is willing to pay maintenance amount of Rs.7,000/- to the informant till the matter is not finally adjudicated in trial or a Court of competent jurisdiction does not fix the maintenance if any.

Learned counsel for the informant agrees to the

Patna High Court CR. MISC. No.50297 of 2022(7) dt.23-06-2023 2/2 submission of the learned counsel for the petitioner based on instruction. Learned counsel for the informant submits that he will Whatsapp the bank account number of the informant to the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the maintenance amount commences from 01.07.2023. Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in 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 Muzaffarpur Mahila P.S. Case No. 14 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

In the event, if the maintenance is not paid to the informant for two consecutive months, the informant shall be at liberty to file an application for cancellation of bail granted to the petitioner before this Court.

(Satyavrat Verma, J) Kundan/- U T