Ajmat Sekh @ Md. Ajmat Sekh @ Bablu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68132 of 2021 Arising Out of PS. Case No.-96 Year-2020 Thana- DEODHA District- Madhubani ====================================================== Ajmat Sekh @ Md. Ajmat Sekh @ Bablu Son of Najir Sekh, Resident of Village - Deodha, P.S.- Deodha, Distt.- Madhubani. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Daraksha Pravin D/o Md. Manjur Alam Resident of Village - Deodha, P.S.- Deodha, Distt.- Madhubani.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-05-2022 Heard learned counsel for the parties.
The petitioner, husband of Opposite Party No. 2 apprehends his arrest in Deodha P.S. Case No. 96 of 2020 registered for the offence under Sections 498(A), 379 and other allied sections of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, starting from this month to Opposite Party No. 2.
In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance
Patna High Court CR. MISC. No.68132 of 2021(2) dt.25-05-2022 2/3 amount of Rs. 5,000/- (five thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named 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 learned Sub-Divisional Judicial Magistrate, Madhubani in connection with Deodha P.S. Case No. 96 of 2020, on the following conditions: (1.) Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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 below would be at liberty to cancel the bail bond. (4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.68132 of 2021(2) dt.25-05-2022 3/3 (5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(6.) 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) vinita/- U T