Shahnawaz Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67744 of 2022 Arising Out of PS. Case No.-1408 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== Shahnawaz Alam Son of Md. Jamal Resident of village - Purwari Jhirwa, Ward No.- 6, P.S.- Simraha (Forbesganj), District - Araria, Bihar - 854318 ... ... Petitioner

Versus

1.

The State of Bihar 2.

Mobasra Khatoon Wife of Shahnawaz Alam D/o Md. Jahin, Resident of village - Purwari Jhirwa, Ward No.- 8, P.S.- Simraha (Forbesganj), District - Araria, Bihar - 854318 ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Nishant Kumar Sinha, Advocate For the Opposite Party :

Ms/Mrs.Pushpa Sinha, Addl Public Prosecutor for opposite party no.2 Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-03-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498A/379/34 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month, to opposite party no. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- 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

Patna High Court CR. MISC. No.67744 of 2022(2) dt.18-03-2023 2/2 satisfaction of the Chief Judicial Magistrate, Araria in Complaint Case No. 1408C/2021, 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 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) Shashi U T