Md. Saddam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84254 of 2019 Arising Out of PS. Case No.-50 Year-2019 Thana- BHEJA District- Madhubani ====================================================== MD. SADDAM Son of Md. Hamid Resident of Village - Darah, P.S.- Bheja, District - Madhubani.
... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Ladli Praveen Wife of Md. Saddam Resident of Village - Darah, P.S.- Bheja, District - Madhubani. At present - Md. Kabir Ahmad, S/o Late Usman, Resident of Village - Darjiya, P.S.- Madhepur, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramchandra Jha Raman For the Opposite Party/s :
Mr. Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bheja P.S. Case No. 50 of 2019 instituted for the offence under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. This case relates to torture and harassment due to nonfulfillment of further dowry demand. Husband of the informant performed second marriage with one Tabbsum Pravin. On 31.3.2019 the petitioner with the help of family members tried to kill the informant by hanging.
Patna High Court CR. MISC. No.84254 of 2019(8) dt.23-03-2022 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the complainant and has been falsely implicated in this case. He has never demanded any thing from the informant. Petitioner is a daily wage laborour in Delhi. It is further submitted that petitioner is ready to keep his wife with full honour and dignity.
The aforesaid offer of the petitioner has not been accepted by the informant. She denies to go to her matrimonial home and lead the conjugal life. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself.
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give monthly maintenance @ Rs. 4,000/- per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner will deposit Rs. 4,000/- (Four Thousand) in 1st week of every month commencing from the month of April as
Patna High Court CR. MISC. No.84254 of 2019(8) dt.23-03-2022 3/3 maintenance in the account furnished by the informant. Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned ACJM III, Jhanjharpur, Distt- Madhubani in connection with Bheja P.S. Case no. 50 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U