Md. Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72674 of 2023 Arising Out of PS. Case No.-1563 Year-2022 Thana- COMPLAINT CASE District- Araria ====================================================== Md. Shamim Son Of Late Salim Resident Of Village - Prasadpur, Dumariya Ward No.07, P.S. - Jokihat (Mahalgaon), District - Araria ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nagma W/O. Md. Shamim, D/O. Billu Resident Of Village - Prasadpur, Dumariya Ward No.07, P.S. - Jokihat (mahalgaon), District - Araria, At Present Resident Of Village - Prasadpur, Dumariya Ward No.11, P.S. - Jokihat (mahalgaon), District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal,APP Mr. Nishant Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Earlier, vide order dated 07.03.2024, the matter was referred to District Mediation Centre, Araria, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report at flag 'C').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 323, 379, 498(A) and 504 of the Indian Penal Code.

Patna High Court CR. MISC. No.72674 of 2023(4) dt.25-06-2024 2/3

4. Petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- 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. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six weeks from today, let the 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 learned J.M. 1st Class, Araria in connection with Complaint Case No. 1563-C 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 savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party no. 2.

Patna High Court CR. MISC. No.72674 of 2023(4) dt.25-06-2024 3/3

(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) anay U T