Md. Ajmat @ Azmat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72817 of 2023 Arising Out of PS. Case No.-1255 Year-2021 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Md. Ajmat @ Azmat Son Of Md. Yusuf Resident Of Village - Jhitaki, P.S. - Kudhani, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Rukaiya Khatoon Wife Of Md. Ajmat @ Azmat, D/O. Md. Muslim Resident Of Village - Madhaul, P.S. - Mahua, District - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan No.II For the Opposite Party/s :

Mr.Nand Kumar Mr.Prakash Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2024 Earlier, the matter was referred to Mediation Centre, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag 'M')

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 Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. Petitioner is alleged to have committed torture and

Patna High Court CR. MISC. No.72817 of 2023(4) dt.30-04-2024 2/3 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/- (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 S.D.J.M., Vaishali at Hajipur in connection with Complaint Case No. 1255 of 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 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.

(3) In case, the petitioner fails to deposit the

Patna High Court CR. MISC. No.72817 of 2023(4) dt.30-04-2024 3/3 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