Md. Parwez Alam @ Parwez Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2370 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- PALASI District- Araria ====================================================== Md. Parwez Alam @ Parwez Alam, son of Mahe Uddin, Village- Pipra Bijwar W.No-7, Ps- Palasi Dist- Araria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bibi Sampati, wife of Md. Parwez Alam @ Parwez Alam, D/o- Dildar Village- Pipra Bijwar W.No-7, Ps- Palasi Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Mukesh Rana, Advocate For the State :

Mr. Mohammed Arif, APP For Opposite Party No. 2:

Mr. Vijay Kishore Bharti, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsels for the parties.

2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Palasi P.S. Case No. 283 of 2023 registered for the offence punishable under Sections 341, 323, 498A, 324, 307, 354B, 379, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to complainant/O.P.-2.

Patna High Court CR. MISC. No.2370 of 2024(2) dt.31-01-2024 2/2

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 learned Judicial Magistrate-1st Class, Araria, in connection with Palasi P.S. Case No. 283 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-2.

(C.) 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. (D.) 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) shashank/- U T