✦ Patna High Court

RIZVAN KHAN @ RIZWAN KHAN v. The State Of Bihar

AT PATNA CRIMINAL MISCELLANEOUS No. 68130 of 2021PRABHAT KUMAR SINGH3 min read

Case at a glance

Bench
PRABHAT KUMAR SINGH

Outcome

Bail granted

named petitioner be enlarged on bail on furnishing bail bond of

Judgment

2.

The State Of Bihar. RIZBANA KHATOON D/o Late Safi Alam Khan, W/o Rizvan Khan @ Rizwan Khan Resident of Village - Jamalpura, P.s.- Laheriasarai, Distt.- Darbhanga, At Present residing at Village - Bhauluchak, P.S.- Sadar, Distt.- Darbhanga. ... ... Opposite Party/s :

====================================================== Appearance : For the Petitioner/s Mr.Rohit Kumar, Advocate For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER Mr.Manish Kumar No 13, Advocate Mr.Md. Mushtaque Alam, APP 5 15-09-2022 Heard learned counsel for the petitioner, the State and the opposite party no.2. Office notes shows that notice has already been received personally by Opposite party no. 2 but nobody enters appearance on behalf of the her behalf. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498A/34 and other allied sections of the Indian Penal Code and under sections ¾ of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give Patna High Court CR. MISC. No.68130 of 2021(5) dt.15-09-2022 maintenance amount of Rs.

Operative part

2500/-per month, starting from this month, to opposite party no. 2. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2500/- per month, in the event of arrest/surrender within a period of six weeks from today, above- named petitioner 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 Judicial Magistrate I Darbhanga in Mahila Police Station Case No. 83 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.

2. (3) 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. (4) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court Patna High Court CR. MISC. No.68130 of 2021(5) dt.15-09-2022 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (5) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail. (6) 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. navya/- U T (Prabhat Kumar Singh, J)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: named petitioner be enlarged on bail on furnishing bail bond of

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860; Dowry Prohibition Act, 1961; Code of Criminal Procedure, 1973 — s. 438(2).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Patna High Court or eCourts case status (search case no. AT PATNA CRIMINAL MISCELLANEOUS No. 68130 of 2021). ← Search more judgments