Md. Tarique Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53869 of 2024 Arising Out of PS. Case No.-1506 Year-2023 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Tarique Anwar Son Of Abdul Karim Village- Duba, Ps- Jokihat, DistAraria ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Bibi Rahat Praveen Daughter Of Abu Talib Village- Duba, Ps- Jokihat, DistAraria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh For the Opposite Party/s :

Mr. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-10-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 498A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the O.P. No.2. It is next submitted that presently the relationship in between the petitioner and the O.P. No.2 has deteriorated to an extent where it is not possible to revive the conjugal relationship but then in future the parties may

Patna High Court CR. MISC. No.53869 of 2024(3) dt.26-10-2024 2/3 reconcile, as such, no useful purpose would be served by sending the petitioner to jail which may mar the chance of future reconciliation. It is also submitted that petitioner being husband is aware of his responsibility towards the O.P. No.2. It is next submitted based on instruction that the petitioner is willing to pay a monthly maintenance of Rs.5000/- to the O.P. No.2, which shall commence from 05.11.2024.

5. The learned counsel appearing on behalf of the O.P. No.2 fairly submits that no useful purpose would be served by sending the petitioner to jail since the petitioner is willing to pay a monthly maintenance of Rs.5000/- to the O.P No.2. It is next submitted that the bank account number of the O.P No.2 shall be whatsapped on the whats app number of the learned counsel appearing on behalf of the petitioner. The learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that, the monthly maintenance, as agreed commences from 05.11.2024.

6. Considering the submissions made by the learned counsels 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

Patna High Court CR. MISC. No.53869 of 2024(3) dt.26-10-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.1506/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the O.P No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the petitioner does not deposit the amount of maintenance, as agreed, for two consecutive months.

8. It is further made clear that if a Court of competent jurisdiction fixes the maintenance, the present maintenance shall stop.

(Satyavrat Verma, J) amit/- U T