ASHIQUE @ ASHIQUE ALAM v. THE STATE OF BIHAR

2. THE STATE OF BIHAR Rahmina W/O Ashique, D/O- Mansoor R/O Village- Satbita, W.No. 6, P.S- Jokihat, Distt.- Araria. ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner For the State For the ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD Mr.Nafisuzzoha, Advocate Mr.Dr. Kumar Uday Pratap, APP Mr.Ramesh Kumar Singh, Advocate : : : 2 19-08-2023

Heard learned counsel for the petitioner and ORAL ORDER learned APP for the State of Bihar, as well as learned counsel for the complainant/opposite party no.2.

The petitioner is apprehending his arrest in connection with Complaint Case No. 1038c of 2022 registered for offence under Section 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The petitioner the husband of complainant/opposite party no.2.

It is submitted by learned counsel for the petitioner that the petitioner’s implication in this case is on extraneous considerations. In fact, the matrimonial relationship is strained Patna High Court CR. MISC. No.47265 of 2023(2) dt.19-08-2023 but no criminal offence has taken place and the complainant has also lodged a maintenance case against the petitioner.

Learned counsel for the complainant/opposite party no.2 submits that maintenance has been fixed at Rs. 6,000/- (Six thousand rupees) per month on 03.06.2022. However, the petitioner has not been honouring the order of maintenance as he is not paying the complainant/opposite party no.2 her maintenance regularly.

Learned counsel for the petitioner submits that the petitioner would ensure up to date payment in terms of the order passed in Maintenance Case No. 183 of 2022. He would be filing an affidavit showing proof of payment of maintenance up to date within four weeks.

Having regard to the submissions advanced by learned counsel for the petitioner, and subject to proof of payment of maintenance up to date, by way of affidavit, while surrendering in the Court of learned Judicial Magistrate 1st Class, Araria, for availing benefit of this order, within 4 weeks, this Court is inclined to allow petitioner’s prayer for grant of anticipatory bail.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a Patna High Court CR. MISC. No.47265 of 2023(2) dt.19-08-2023 period of four weeks from today, 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 the learned Judicial Magistrate 1st Class, Araria, in connection with Complaint Case No. 1038c of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled. (Madhuresh Prasad, J) shashank/- U T