Saklain Mustak @ Saqlain Mushtaque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75635 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Saklain Mustak @ Saqlain Mushtaque Son of Md. Sabir @ Md. Sabeer Resident of Village - Jagnathpur, P.O. - Chanaur, P.S. - Manigachhi, District - Darbhanga ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jeenat Praveen @ Jinnat Praveen Wife of Saklaiin Mustak @ Saqlain Mushtaque Resident of Village - Jagnathpur, P.O. - Chanaur, P.S. - Manigachhi, District - Darbhanga, at present daughter of Md. Masso, Village - Shahpur Ojhaul, P.S. - Bahadurpur, District - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Manish Kumar No 13, Advocate For the State :
Mr. Amitesh Kumar, APP For Opposite Party No.2 :
Md. Ghulam Mustafa, Advocate Mr. Deepak Kumar, Advocate Mr. Padbhnav Kashyap, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-01-2025 Heard learned counsels for the parties.
2.
The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 323, 498A and 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies that allegations
Patna High Court CR. MISC. No.75635 of 2024(3) dt.21-01-2025 2/3 made in the complaint petition. He never committed torture to complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the complainant/Opposite Party No. 2.
5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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., Darbhanga, in connection with Complaint Case No. 49 of 2024, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(B.) Petitioner would deposit the aforesaid aforesaid amount per month in the saving bank account
Patna High Court CR. MISC. No.75635 of 2024(3) dt.21-01-2025 3/3 of the complainant/Opposite Party No. 2 .
(C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) 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) shashank/- U T