Imteyaj Ahamad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77186 of 2023 Arising Out of PS. Case No.-574 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== IMTEYAJ AHAMAD S/O LATE ABDUL SATTAR R/O VILLAGEMISHRAULI, P.S- PADRAUNA, DISTT.- KUSHI NAGAR (UTTAR PRADESH).
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
JEBA PARVEEN D/O REYAJ AHMAD AND W/O IMTEYAJ AHAMAD R/O VILLAGE- BASWARIYA, P.S- CHAUTARWA, DISTT.- WEST CHAMPARAN.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr.Suresh Prasad Singh, APP Mr. Milind Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the O.P. No.2.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 498(A), 504 and 34 of the IPC in connection with Complaint Case No.574 of 2019.
3. The learned counsel appearing on behalf of the O.P.
Patna High Court CR. MISC. No.77186 of 2023(11) dt.19-09-2024 2/3 No.2 fairly submits that the arrear of maintenance has been cleared by the petitioner up till August, 2024.
4. The learned counsel appearing on behalf of the petitioner submits that petitioner will continuing paying the amount of maintenance till the instant criminal case is not decided in the trial. It is also submitted that petitioner would withdraw the appeal filed against the order of maintenance passed by the learned Principal Judge, Family Court, Kushinagar.
5. The learned counsel appearing on behalf of the O.P. No.2 submits that since petitioner is willing to pay the maintenance, as such no useful purpose would be served by sending the petitioner to jail and with passage of time and on intervention of well-wisher the party may resolve their dispute.
6. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No.2, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Bagaha, West Champaran in connection
Patna High Court CR. MISC. No.77186 of 2023(11) dt.19-09-2024 3/3 with Complaint Case No.574 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) Prakash Narayan U T