Asmatullah @ Md. Asmatullah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19564 of 2017 Arising Out of PS.Case No. -1203 Year- 2014 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Asmatullah @ Md. Asmatullah, Son of Late Abu Bakar, Resident of Village Khairi Banka P.S. Bisfi District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Kashaka Anjum W/o Asmatullah, Resident of Village Khairi Banka P.S. Bisfi District Madhubani at present Ejra, P.S. Rahika, Dist.- Madhubani. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-07-2017 Heard learned Counsel for the petitioner, learned Counsel appearing of the complainant and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Complaint Case No. 1203 of 2014, disclosing offences under Sections 323/498A/379 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. It is stated by learned counsel for the petitioner that the maintenance allowance, as directed by the learned Principal Judge, Family Court, Madhubani, shall be paid to her within one month from today. It has also been submitted that the petitioner is ready to keep the complainant with full love and dignity.

Learned Counsel appearing on behalf of the

Patna High Court Cr.Misc. No.19564 of 2017 (4) dt.13-07-2017 2/2 complainant-Opposite Party No. 2 submits that once the petitioner and Opposite Party No. 2 starts living together, the Opposite Party No. 2 shall not claim any maintenance. Considering the nature of accusation and submission advanced on behalf of the parties, this application is allowed.

Let the petitioner, Asmatullah @ Md.

Asmatullah, in the event of his arrest or surrender before the Court below within six weeks, be released 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 Complaint Case No. 1203 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √