Nayeemuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70680 of 2019 Arising Out of PS. Case No.-2445 Year-2018 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== NAYEEMUDDIN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the opposite party No. 2 is also present.

The petitioner apprehends his arrest in connection with Complaint Case No. 2445 of 2018 registered for the offence punishable under Sections 323/498(A)/494/385/436 of the Indian Penal Code.

The petitioner as well as opposite party No. 2 are personally present in Chambers and I have interacted with them extensively. It appears that the petitioner has re-married and there is dispute between the two women as a result of which, the O.P. No. 2 is suffering severely along with her baby daughter and she is at the point of starvation. It further appears that the two women are living in parts of the same building and there is

Patna High Court CR. MISC. No.70680 of 2019(4) dt.11-12-2019 2/3 consistent quarrel between them, but still the petitioner is willing to maintain the opposite party and his daughter. Considering the aforementioned, let the petitioner pay a sum of Rs. 3,000/- (three thousand) per month which he will deposit in the bank account of the opposite party No. 2. The said account number will be provided by the opposite party No. 2 to the learned counsel appearing on behalf of the petitioner within a week of this order.

The petitioner shall start making the aforementioned deposit within the second week of January, 2020 and shall continue to make such payments towards her sustenance each month hereafter till any alternate settlement is made between the parties.

It is made clear that if the petitioner does not make the aforementioned payments, it shall be open to the opposite party No. 2 to take appropriate steps in accordance with law. In view of the aforementioned, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Katihar, in connection with Complaint

Patna High Court CR. MISC. No.70680 of 2019(4) dt.11-12-2019 3/3 Case No. 2445 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T