Javed Mansuri @ Md. Javed @ Md. Javed Mansuri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64733 of 2023 Arising Out of PS. Case No.-573 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== JAVED MANSURI @ MD. JAVED @ MD. JAVED MANSURI SON OF MD. AKHATAR RESIDENT OF VILLAGE- ISHLAMPUR GULALI, POLICE STATION -AMARPUR, DISTRICT- BANKA ... ... Petitioner/S
Versus
1.
THE STATE OF BIHAR 2.
BIBI SAYARA WIFE OF MD. JAVED RESIDENT OF VILLAGEISHLAMPUR GULALI, POLICE STATION -AMARPUR, DISTRICTBANKA ... ... Opposite party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2023 Despite valid service of notice , nobody appears on behalf of O . P . No. 2.
2. However, letter dated 13.11.2023 has been received by the registered post through the office of Ld. Registrar General, by the O . P .2., kept at flag 'L' wherein she has supported the complaint case.
3 . Heard learned counsel for the petitioner and the State .
4. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 , 504 and 498 (A) of the Indian Penal Code and Sections 3⁄4 Dowry Prohibition Act. 5 . Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.64733 of 2023(3) dt.06-12-2023 2/3 the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 2500/-per month, starting from this month, to opposite party no. 2.
6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2500/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner 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 the learned Sub-Divisional Judicial Magistrate , Banka in connection with Complaint Case No. 573 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as 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
Patna High Court CR. MISC. No.64733 of 2023(3) dt.06-12-2023 3/3 below would be at liberty to cancel the bail-bond.
(4) 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) Koushik/- U T