Md. Afroj Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71824 of 2023 Arising Out of PS. Case No.-236 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Md. Afroj Alam Son of Md. Alam Resident of Village - Alakhbani, P.S. - Kalyanpur, District - East Chamaparan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Huma Praveen D/o Md. Kashim At Present Resident of Village - Fenhara, P.S.- Fenhara, District - East Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhurendra Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) Mr.Bikash Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2024 Earlier, vide order dated 21.03.2024, the matter was referred to the Mediation & Conciliation Centre of Patna High Court for exploring the possibility of amicable settlement, but the dispute between the parties could not be resolved 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 informant / opposite party no. 2.

3. The petitioner who is husband of informant /opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 494, 498(A) of the

Patna High Court CR. MISC. No.71824 of 2023(5) dt.24-06-2024 2/3 Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

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/- (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 A.C.J.M. - 3rd, East Champaran, Motihari / concerned court in connection with Kalyanpur P.S. Case No. 236 of 2023, 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

Patna High Court CR. MISC. No.71824 of 2023(5) dt.24-06-2024 3/3 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 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