Allowed

Nayyar Khan v. The State of Bihar

Patna HC22 Mar 2021CR. MISC./11604/2020

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, who faced charges under Sections 498(A), 323 IPC and Section 498 Dowry Prohibition Act, by accepting his undertaking to pay monthly maintenance to his wife.

What did the court decide?

The petitioner was enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties, pending surrender within eight weeks, subject to specific conditions regarding monthly maintenance payment.

Nayyar Khan Vs The State of Bihar — Dowry and Cruelty | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11604 of 2020

¶2

Arising Out of PS. Case No.-759 Year-2018 Thana- GAYA COMPLAINT CASE DistrictGaya

¶3

======================================================

¶4

Nayyar Khan Son of Md. Nawab Khan Resident of Mohalla - Shanti Nagar Deepika, P.S.- Deepika, District - Korban (Chhattisgarh) at present R/o Mohalla - Aliganj, Road No.- 26, P.S.- Chandauti, District - Gaya.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Sitara Khatoon Wife of Md. Nayyar Khan D/o Late Marhum Naeem Khan, Resident of Village - Jay Bigha, P.S.- Gurua, District - Gaya.

¶9

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner : Mr.Sudhir Kumar Sinha, Advocate For the State : Mr.Anil Kumar Singh No. 1,A.P.P. For the Informant : Mr. Md. Javed, Advocate ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶12

4. 22-03-2021

¶13

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant/ opposite party no.2.

¶14

The petitioner, who is husband of opposite party no. 2, apprehends his arrest in Complaint Case No. 759 of 2018 registered for the offence punishable under Sections 498(A), 323 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

¶15

Learned counsel for the petitioner submits that the petitioner is ready to give maintenance amount of Rs. 2000/-per month, starting from this month, to opposite party no. 2.

¶16

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of

¶17

Patna High Court CR. MISC. No.11604 of 2020(4) dt.22-03-2021 2/2

¶18

Rs. 2000/- per month, in the event of arrest/surrender within a period of eight weeks from today, let the 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 the S.D.J.M., Sherghati, District – Gaya in Complaint Case No. 759 of 2018, subject to the conditions, as laid down under section 438(2) of the Cr.P.C., as well as on the following conditions:-

¶19

“(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.

¶20

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

¶21

(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.

¶22

(4) 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.”

¶23

(Prabhat Kumar Singh, J.)

¶24

anay

¶25

U T

Nayyar Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Nayyar Khan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vinay Singh @ Vinay Kumar Singh @ Sanjeev Kumar Singh Vs The State of Bihar

Karo Devi Vs the State of Bihar

Amarjeet Kumar Vs The State of Bihar

Umesh Kumar Vs the State of Bihar

Rajeshwar Dayal @ Rajeshwar Singh Vs The State of Bihar

Kaju Gope Vs the State of Bihar