Patna High CourtCR. MISC./51461/2022bail granted

Saidur Rahaman @ Saeedur Rahman v. The State Of Bihar

2023-01-19Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51461 of 2022 Arising Out of PS. Case No.-21 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== SAIDUR RAHAMAN @ SAEEDUR RAHMAN Son of Atikur Rahaman R/V- Malamal South P.S- Kaluahi Dist.- Madhubani ... ... Petitioner/s

Versus

The State of Bihar 2.

Saba Praveen Wife of Saidur Rahaman R/V- Malamal South P.S- kaluahi, Dist- Madhubani, Mobile No. 8744814773 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gagan Deo Yadav, Adv.

Mr.Ravi Prakash, Adv.

For the Opposite Party/s :

Mr.A.G., APP For the informant : Mr. Shailendra Kumar Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-01-2023 Heard learned counsel for the petitioner and the State as also the informant.

The petitioner apprehends his arrest in connection with Mahila P.S. Case No. 21 of 2021 instituted under Sections 323, 341, 498(A), 494 of the Indian Penal Code and Section 3 and 4 of the D.P. Act.

As per the prosecution story, the lady is married to the petitioner but is being tortured for dowry and the further allegation is that he has solemnized another marriage. In view of the fact that categorical statement was made that the petitioner is ready to keep his wife with full dignity and honour, considering the said fair submission put

Patna High Court CR. MISC. No.51461 of 2022(3) dt.19-01-2023 2/3 forward by the learned counsel for the petitioner on 11.1.2023, this Court wanted to know the view of the couple. Pursuant to the last order, the couple is present before the Court, they are ready to continue with their marriage and for the present, it has been decided that although, the petitioner is residing in Delhi, having his business there, the wife, informant submits that she would like to remain at her in-laws' house in the Village-Malamal under P.S. Kaluahi in the District of Madhubani.

Further, the petitioner submitted that he will be visiting his wife regularly at Malamal to continue their journey of marriage. It has further been agreed that the petitioner will be paying Rs. 15,000/- per month to the lady in her Bank Account (Name- Saba Parveen, A/c. No. 008710346748 and IFSC CodeIPOS0000001). Further, Rs. 15,000/- will be deposited in the said account by 10th of every month regularly. This order will merge with any order passed by a competent Court in any maintenance case.

Further, failure to abide by the undertaking given and/or failure to pay Rs. 15,000/- by 10th of every month, the informant will be free to take recourse to legal remedy for

Patna High Court CR. MISC. No.51461 of 2022(3) dt.19-01-2023 3/3 cancellation of his bail.

It is expected that the couple will forget the past and will try to move ahead on a happy note.

The petitioner submitted that he will be taking his wife to his home at Malamal and will stay with her for some time.

With the aforesaid observations, the anticipatory bail application of the petitioner stands allowed subject to payment of Rs. 15,000/-, as stated above.

Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Mahila P.S. Case No. 21 of 2021 to the satisfaction of learned S.D.J.M., Madhubani, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T