Md. Tabrez Alam @ Tabrej Rishi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78807 of 2023 Arising Out of PS. Case No.-2065 Year-2018 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== MD. TABREZ ALAM @ TABREJ RISHI Son of Md. Aainul R/o vill - Murajpur, P.S. - Dagaruwa, Distt. - Purnia ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bijli Khatoon D/o Sahabuddin R/o vill - Ruraspur, P.S. - Ragaruwa, Distt. - Purnia ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vikram Singh For the Opposite Party/s :
Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 498(A) of the Indian Penal Code.
3. As per prosecution case, the complainant was solemnized marriage with this petitioner six years earlier and at the time of her marriage house hold articles given by her parents, thereafter she had gone to her Sasural and spent
2/4 conjugal life, upon which a daughter was born from their wedlock who died two years earlier due to lack of treatment. It is further alleged that her in-laws demanded motorcycle and cash of Rs. One lakh and due to non payment they mentally and physically tortured her as well as assaulted her on flimsy ground who also not given medicine during her illness and when she was again pregnant, her in-laws through out her from their house then this complaint has been registered.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the informant and he neither tortured the informant, nor demanded dowry from her. Petitioner is ready to keep his wife (informant) with full dignity and honour. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 20.08.2023.
5. It is submitted by learned counsel for the informant that informant seeks some maintenance for her survival as she is a housewife and she is unable to maintain herself.
6. Learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rs. 4,000/- (four thousand only) in every consecutive
3/4 month as maintenance commencing from this month, subject to furnishing bank account number by the informant to the petitioner.
7. Learned counsel for the informant is directed to furnish account number of the informant to the petitioner within a period of one week from today.
8. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. four thousand (Rs. 4,000/-) in every consecutive month commencing from December, 2023 as maintenance in the account furnished by the informant.
9. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned J.M., Purnia in connection with Purnia Complaint Case P.S. Case No. 2065 of 2018.
10. The bail bond of the petitioner shall be accepted by the learned Court below on showing receipt of deposit of Rs. 4,000/- (Four thousand) by the petitioner in the account of
4/4 informant as maintenance of this month i.e., December, 2023.
11. The aforesaid payment will be subject to any order passed in the maintenance case for final adjudication. (Sunil Kumar Panwar, J) Arish/- U T