Asraf Ali @ Md. Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69298 of 2023 Arising Out of PS. Case No.-24 Year-2023 Thana- GAUTAMBUDHNAGAR District- Siwan ====================================================== ASRAF ALI @ MD. ASRAF son of Shri Nasir Ahmed Village- Nautan PsGB Nagar Dist-Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Saket Gupta, Advocate For the State :

Mr.Rajendra Prasad Nat, Addl Public Prosecutor for informant Mr VB Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner, who is husband of daughter of informant, apprehends arrest in a case registered for the offence punishable under Sections 366A/498A/34 and other allied sections of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-per month, starting from this month to Subi Khatun, daughter of informant.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- 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 Sub Divisional Judicial Magistrate, Siwan in

Patna High Court CR. MISC. No.69298 of 2023(2) dt.01-11-2023 2/2 Gautambudha Nagar Police Station Case No. 34 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) Daughter of informant would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the daughter of informant.

(iii) 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. (iv) 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) Shashi U T