Md. Amzad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81436 of 2019 Arising Out of PS. Case No.-1919 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== MD. AMZAD ALI Son of Late Abdul Sattar Resident of Village - Shahpur Raghopur, P.S.- Shahpur, District - Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Shahnaz Praveen Wife of Md. Amzad Ali D/o Md. Shamsuddin Mansuri, Resident of Village - Goanpura Dargah, P.S.- Phulwarisharif, District - Patna.

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

For the Petitioner/s :

Mr.Sarvan Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Section 498(A) of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Complainant was married with petitioner on 09.09.2012 as per Muslim rites and customs and it is alleged that subsequent to marriage she was being tortured by petitioner and her in laws for non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that he has already filed a case of divorce prior to filing of complaint case which is pending in the Family Court. However, as

Patna High Court CR. MISC. No.81436 of 2019(3) dt.06-01-2020 2/2 relations of husband and wife exists at present. Petitioner is directed to pay maintenance of Rs. 3000/- per month as condition for grant of anticipatory bail. Maintenance amount of Rs. 3000/- per month to be paid by the petitioner before 10th of every current month. On fulfilling said condition let the petitioner be released on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Complaint Case No. 1919(C)/2018.

If petitioner fails to pay any monthly installments of maintenance, the bail bond shall be cancelled by the court below on application moved by informant. This order is subject to any decision by the Family Court with respect to grant of maintenance in divorce proceedings/125 Cr.P.C. proceeding. This application is disposed of.

(S. Kumar, J) veena/- U T