Md. Naushad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85018 of 2023 Arising Out of PS. Case No.-470 Year-2023 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Md. Naushad Alam Son Of Late Masum @ Late Masuk R/O Village- Dulla Chak, P.S.- Barbigha, Dist.- Sheikhpura ... ... Petitioner/s
Versus
1. The State of Bihar
2. Sajiya Praveen D/O Md. Imtiyaz Ahmad R/O Village-Maglakhar, P.S.- Bundelkhan, District-Nalanda, W/O Md. Naushad Alam, R/O Village- Dulla Chak, P.S.- Barbigha, District- Sheikhpura.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Adv.
For the Opposite Party/s :
Md. Ataur Rahman, APP Mr. Saurav Barial, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail petition.
2. Earlier, the matter was referred to Mediation Centre, but due to non-appearance of the petitioner on two successive dates, mediation failed (report at flag 'A').
3. Heard the parties.
4. The petitioner apprehends his arrest in connection with Complaint Case No. 470 of 2023 registered under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.85018 of 2023(5) dt.08-07-2024 2/3
5. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. The petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5,000/- per month, starting from this month, to opposite party no. 2.
6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Nawada in connection with Complaint Case No. 470 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) In case, the petitioner fails to deposit the maintenance
Patna High Court CR. MISC. No.85018 of 2023(5) dt.08-07-2024 3/3 amount for two consecutive months, the Court below would be at liberty to cancel the bail-bond.
(iv) 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) utkarsh/- U T