Md. Chand @ Md. Chand Ansari @ Chand Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73542 of 2023 Arising Out of PS. Case No.-1466 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Md. Chand @ Md. Chand Ansari @ Chand Ansari S/O Anguri Khatoon Mohalla- Aargara Chowk Shiv Shankar Aanta Chakki Ps- Katihar Town DistKatihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Shabnam Praveen D/o- Late Nasaruddin Ansari, Wife of Md. Chand Ansari Mofarganj Gate no-3, Ps- Katihar Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Musowir, Advocate For the Opposite Party/s :
Mr. Rabindra Kumar, A.P.P.
Mr. Bhola Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Earlier, vide order dated 05.03.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 28.06.2024 is at flag 'B').
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 498(A)/307 of the Indian Penal Code
Patna High Court CR. MISC. No.73542 of 2023(4) dt.01-07-2024 2/3 and Section 3/4 of the Dowry Prohibition Act.
4. Petitioner is alleged to have committed torture and harassment with 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 S.D.J.M, Katihar in connection with C.A. Case No. 1466 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
Patna High Court CR. MISC. No.73542 of 2023(4) dt.01-07-2024 3/3 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