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Patna High CourtCR. MISC./119/2023bail granted

Md. Meraj Ahmad v. The State Of Bihar

2023-05-08Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.119 of 2023 Arising Out of PS. Case No.-1317 Year-2020 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Md. Meraj Ahmad, Son of Late Mustak Ahmad, R/o Village- Rajepur, P.O.- Rajepur, P.S.- Kurtha, District- Arwal At Present Residing Snwhal Ladiestailors Parwati Path, New Chitragupt, Nagar, P.S.- Patrakar Nagar, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chhoti Praveen, Wife of Md. Meraj Ahmad, D/o Md. Mustak R/o VillageAngarghat, Ward No.05, P.S.- Angarghat, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar, Advocate For the Opposite Party/s :

Ms. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2023 Heard learned counsels for the petitioner, the State and opposite party No.2.

The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 314, 315, 498A, 406, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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.

Patna High Court CR. MISC. No.119 of 2023(2) dt.08-05-2023 2/3 In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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, Samastipur in Complaint Case No. 1317/2020 T.R. 2651/2022, 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

Patna High Court CR. MISC. No.119 of 2023(2) dt.08-05-2023 3/3 parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Navya/- U T