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Patna High CourtCR. MISC./3854/2023bail granted

Minhaj Alam @ Md. Minhajuddin v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3854 of 2023 Arising Out of PS. Case No.-517 Year-2021 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== MINHAJ ALAM @ MD. MINHAJUDDIN S/o Late Abdul Rajak R/o Village- Buddhpur, P.S.- Guraru, Distt- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sahnaz Khatun W/o Minhaj Alam @ Md. Minhajuddin, D/o Ahmad Ali R/o village- Buddhpur, P.S.- Guraru, Distt- Gaya. Presently residing at villageSahara, P.S.- Mali, Distt- Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar No.6 , Advocate For the State :

Mr. Tarkeshwar Nath Thakur , APP For O.P. No. 2 :

Mr. Ram Pravesh Nath Tiwari , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 498(A) of the Indian Penal Code and section 3⁄4 of the Dowry Prohibition Act.

3. There is allegation of commission of harassment and torture due to non-fulfillment of demand of dowry .

4. It is submitted on behalf the petitioner that pursuant to an order dated 29.11.2022 in Maintenance Case No. 146 of 2021 filed by O. P. No. 2, where petitioner was directed

Patna High Court CR. MISC. No.3854 of 2023(4) dt.22-08-2023 2/2 to pay Rs. 3000/- per month to O. P. No. 2. and during course of hearing, on 08.08.2023, he deposited the entire maintenance amount of Rs. 69000/- in Court on 19.08.2023. Copy of which is annexed as Annexure - 2 to the Supplementary Affidavit.

5. Learned counsel for the O. P. 2 does not dispute the contention made on behalf of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned S.D.J . M., Aurangabad in connection with Complaint Case No. 517 of 2021 , of subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Kaushik/- U T