Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.487 of 2023 Arising Out of PS. Case No.-941 Year-2021 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== MD. KALAM Son of Md. Idris Resident of Village - Budhiyavan, Shankarpur, P.S.- Singhwara, District - Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shahjadi Khatoon Daughter of Md. Alam Resident of Village - Kalbara, P.S.- Singhwara, District - Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) and 323 of the Indian Penal Code.

Learned counsel for the petitioner, at the outset, submits that he is willing to pay the maintenance amount of Rs.8,000/- (Eight Thousand) to the complainant for her upkeep and for the well being of the child.

Learned counsel for the complainant on instruction accepts the submissions of the learned counsel for the petitioner. Learned counsel for the petitioner submits that the maintenance amount will commence from the month of July,

Patna High Court CR. MISC. No.487 of 2023(4) dt.26-06-2023 2/3 2023 till the case is not adjudicated in trial or a Court of any competent jurisdiction fixes the amount of maintenance. Learned counsel for the complainant submits that he will Whatsapp the bank account number of the complainant on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner submits that he will forward the same to the petitioner for making the payment as agreed.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with C.R. No. 941 of 2021, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

However, if the maintenance amount as agreed is not paid for two consecutive months, the complainant shall be at

Patna High Court CR. MISC. No.487 of 2023(4) dt.26-06-2023 3/3 liberty to file an application seeking cancellation of the bail bonds of the petitioner before this Court.

(Satyavrat Verma, J) Kundan/- U T