Md. Ashik @ Md. Aashique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72546 of 2023 Arising Out of PS. Case No.-1999 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Md. Ashik @ Md. Aashique Son Of Md. Nasir Resident Of Village - Bishunpur, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Hasan Tara Wife Of Md. Ashik, Daughter Of Taiyab Hussain Resident Of Hat Saraiya, P.S. - Bairiya, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate For the State :

Mr. Suresh Prasad Singh, A.P.P.

For the O.P. No. 2 :

Mr. Sharad Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioner, complainant and Mr. Suresh Prasad Singh, learned A.P.P. for the State.

2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 498A, 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. 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.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- (three thousand) per month to the opposite

Patna High Court CR. MISC. No.72546 of 2023(3) dt.29-02-2024 2/2 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 Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1999 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.

(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) Navya/- U T