Arman Hussain @ Md. Arman Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53920 of 2023 Arising Out of PS. Case No.-427 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ARMAN HUSSAIN @ MD. ARMAN HUSSAIN SON OF SHAH GULAM RESIDENT OF VILLAGE- SISWAN GANGPUR PS- SISWAN DISTSIWAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
KALIMUN NISHA DAUGHTER OF MD. ALIYAS @ IIYAS, W/O MD. ARMAN HUSSAIN RESIDENT OF VILLAGE- SISWAN GANGPUR, PSSISWAN, DIST- SIWAN, PRESENTLY RESIDING AT RAJIV NAGAR, ROAD NO. 24, PS- RAJIV NAGAR, DIST- PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Binod Singh, Advocate For the Opposite Party/s :
Mr. Pushpa Sinha.1, APP For OP 2 :
Mr. Kaushal Kumar , Advocate Mr. Sunil Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-09-2024 Heard learned counsel for the parties.
2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 341 , 380, 420, 498A and 406 of the Indian Penal Code .
3. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 06.09.2024 it appears that the mediation between the parties has failed.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.53920 of 2023(4) dt.10-09-2024 2/3 petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/- per month, starting from this month, to opposite party No. 2.
5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- (three thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 the learned ACJM IX Patna in connection with Complaint Case No. 427 (C) of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- '(1) Opposite party No. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party No. 2.
(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court
Patna High Court CR. MISC. No.53920 of 2023(4) dt.10-09-2024 3/3 below would be at liberty to cancel the bail-bond.
(4) 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) Koushik/- U T