Md. Imtiyaz @ Md. Imteyaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53229 of 2023 Arising Out of PS. Case No.-6 Year-2020 Thana- MAHILA P.S. District- Bhojpur ====================================================== Md. Imtiyaz @ Md. Imteyaz Son Of Md. Najabuddin @Moharam Ali Resident Of Village- Dudh Katora, P.S. Ara Town, Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nagma Begam Wife Of Md. Imtiyaz Resident Of Village- Birampur, PsKoilwar, Distt- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Ataul Haque For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 498(A), 494 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

3. As per prosecution case, the allegation against the petitioner is that he along with other co-accused persons started to assault and torture the complainant mentally and physically due to non-fulfillment of dowry demand.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the petitioner is still ready to

Patna High Court CR. MISC. No.53229 of 2023(3) dt.31-10-2023 2/3 keep his wife/complainant with proper dignity and honour. The petitioner has got no criminal antecedent and languishing in judicial custody since 12.6.2023.

5. Learned Counsel for the complainant prayed for some maintenance for survival of the complainant as she is a housewife and she is not able to maintain herself.

6. In alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give rupee Four Thousand per month from November, 2023, subject to furnishing bank account number by the complainant to the petitioner.

7. In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the complainant to the petitioner within a period of one week from today. On receipt of the bank account number of the complainant, the petitioner shall deposit Rs 4,000/ (Four Thousand) in every month commencing from November, 2023 as maintenance in the account furnished by the complainant.

8. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Arrah Mahila P.S. Case

Patna High Court CR. MISC. No.53229 of 2023(3) dt.31-10-2023 3/3 No. 06 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bhojpur at Arrah.

9. The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- (for the month of November) by the petitioner in the account of the informant

10. The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) Amandeep/- U T