Abdul Wajid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63594 of 2019 Arising Out of PS. Case No.-2695 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== ABDUL WAJID Son of Md. Shakil @ Shakil Resident of Village-Jurail Baghmara, P.S.-Palasi, District-Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Nahida Praween Wife of Abdul Wajid and Daughter of Yunus Resident of Village-Kokorwa, P.S.-Palasi, District-Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarangdhar Jha For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498A and 384/34 of the Indian Penal Code.

Allegation against the petitioner is of torturing the complainant along with FIR named accused for non fulfillment of demand of dowry.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner never demanded dowry or subjected her to cruelty. Petitioner is ready to keep his wife but she is not ready to live with petitioner. Petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.63594 of 2019(3) dt.04-12-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of his/her arrest or surrender before the court below within a period of four weeks, be released on anticipatory bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No. 2695-C of 2018, subject to the conditions as laid down under Section 438(2) of Cr.P.C with following condition:- (i) Petitioner shall pay Rs. 3000/- per month as interim maintenance from December 2019. The interim maintenance of Rs. 3000/- shall be paid to Opposite Party No.

2 on or before 10th day of every current month in her Saving Bank Account commencing from the month of December. Maintenance amount of Rs. 3000/- for the month of December shall be paid at the time of furnishing of bail bond and for successive months interim maintenance amount shall be paid by the petitioner on or before 10th day of every current month and in default of payment of even single installment of Rs. 3000/-, the bail bond of the petitioner shall stand cancelled. This arrangement will continue till passing of any maintenance order by Family Court of competent jurisdiction.

(S. Kumar, J) ranjan/- U