Md. Sanaullah @ Arjoo v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66945 of 2018 Arising Out of PS. Case No.-244 Year-2017 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== Md. Sanaullah @ Arjoo Son of Md. Mustafa, Resident of VillageBudhnagara,P.S. Nanpur,Distt.-Sitamarhi ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Shabnan Pravin Wife of Md. Sanaullah @ Arju Resident of Budhnagra,P.S. Nanpur,Distt.-Sitamarhi,at present D/o Md. Japhir,Village Budhnagra,P.S. Nanpur,Distt.-Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. C1/244/2017 instituted for the offence under Section 498A of the Indian Penal Code. As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. 50,000/- and a motorcycle, petitioner started to abuse and torture her mentally and physically. He ultimately ousted her after snatching her belongings. It is submitted by learned counsel for the petitioner that petitioner is husband of the complainant and he has been

Patna High Court CR. MISC. No.66945 of 2018(10) dt.27-09-2022 2/3 falsely implicated in this case.

Learned counsel for the informant prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .

In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee six thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 6,000/- (Six Thousand) in every month commencing from September as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.66945 of 2018(10) dt.27-09-2022 3/3 Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Pupri, Sitamarhi in connection with Complaint Case No. C1/244 of 2017, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 6,000/- (for the month of September) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U