Md. Imteyaj @ Imteyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57699 of 2022 Arising Out of PS. Case No.-602 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== Md. Imteyaj @ Imteyaj, Son Of Late Md. Tauhid @ Md. Tohid R/VMathurapur, P.S- Turkauliya, Dist- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Noorjanha Begam @ Noor Begam @ Nurjehan Begum Wife of Md. Imteyaj @ Imteyaj R/V- Mathurapur, P.S- Turkauliya, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Rathore@ Kundan Kumar- Advocate For the State :

Ms. Indu Kumari Srivastava- A.P.P.

For the Informant :

Ms. Rashmi Jha- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 308, 498(a), 504, 506 and 34 of the Indian Penal Code. The learned counsel for the informant, at the outset, submits that the matter was sent for mediation and before the learned Mediator, the petitioner had agreed to pay an amount of Rs.1800/- per month to the informant commencing from 06.01.2020. It is next submitted that till date, not a single penny has been paid to the informant.

The learned counsel for the petitioner submits that on account of arrival of COVID, the petitioner was not in a position to pay the said amount. However, the petitioner now is willing

Patna High Court CR. MISC. No.57699 of 2022(6) dt.19-06-2023 2/3 to clear the arrears and will start paying the amount of Rs.1800/- monthly commencing from July, 2023. It is next submitted that the arrears from 06.01.2020 till 30.06.2023 shall be paid to the informant within a period of five months from today after deducting the amount, which has already been deposited with the learned District Court, but the petitioner will start paying the amount of Rs.1800/- from 01.07.2023, to which the learned counsel for the informant agrees.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Turkauliya P. S. Case No.602 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. However, in the event, if the entire arrears as agreed is not paid to the informant by 20.11.2023, the provisional bail bonds of the petitioner shall be cancelled by the learned District Court itself and thereafter, the learned Court shall take all

Patna High Court CR. MISC. No.57699 of 2022(6) dt.19-06-2023 3/3 coercive steps to ensure that petitioner is behind bar. (Satyavrat Verma, J) vikash/- U T