AT PATNA CRIMINAL MISCELLANEOUS No. 21222 of 2025 · Patna High Court
Case at a glance
Provisions considered
- Indian Penal Code, 1860 s. 498(A)
- Code of Criminal Procedure, 1973 s. 125
Judgment
The State of Bihar Sajia Perveen Wife of Mohammad Zafar Alam, D/O- Md Mustaq R/O- Village- Rampur, P.s.- Warisnagar, Distt.- Samastipur ... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY Mr.T N Siddiqui Mr.Rajendra Prasad Nat ORAL ORDER 4 04-11-2025 Heard the learned counsel for the parties.
2. The petitioner apprehends his arrest for the offences alleged under Section 498(A) of the Indian Penal Code registered in connection with Complaint Case No. 2279 of 2023.
The matter originates from the matrimonial discord.
Both the parties are present in Chamber with their respective counsels, casting allegations and counter allegation against each other.
For the purpose of negotiating peace with the warring couple to save their marriage and also keeping in view the welfare of the children born out of their wedlock, earlier the Patna High Court CR. MISC. No.21222 of 2025(4) dt.04-11-2025 matter was referred to the Patna High Court Mediation and Conciliation Centre. The report of the learned Mediator at Flag- M shows that the dispute could not produce fruitful result and thus mediation failed.
The learned counsel for the petitioner has submitted that the petitioner is a labourer in Mumbai and is ready to give Rs. 3000/- per month to the wife, as an interim maintenance, as per the agreement dated 22.02.2023 arrived at between the parties.
Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, be released 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 SDJM, Samastipur in connection with Complaint Case No. 2279 of 2023, subject to the followings conditions:- (i) The petitioner shall continue to pay the agreed amount of Rs. 3000/- (Rupees three thousand) per month, as an interim maintenance, to o.p.no.2 as per the agreement dated 22.02.2023. He is also liable to pay on the expenses incurred on the children and Patna High Court CR. MISC. No.21222 of 2025(4) dt.04-11-2025 the wife in exigency. (ii) The learned court below will be at liberty to take appropriate steps, if the petitioner stops payment of the agreed amount of Rs. 3000/- to o.p.no.2. (iii) The relatives of both sides are strictly prohibited to interfere with the matrimonial relation between the couple. (iv) The petitioner will live with his wife and children and also with his mother, in case he comes from his work place. (v) The petitioner shall appear in the case filed by the complainant under Section 125 of the CrPC which is pending before the Principal Judge, Family Court, Sasmastipur. (Nawneet Kumar Pandey, J) HR/- U T
Precedent status how later indexed judgments have treated this case
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