Allowed

Mohammad Sarwar Alam v. The State of Bihar

Patna HC8 Nov 2023CR. MISC./52113/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner, husband, in an offence under Section 498-A IPC. The court fixed a monthly maintenance amount of Rs. 3,000 and mandated deposit into the wife's bank account as a condition of bail.

What did the court decide?

Enlargement of the petitioner on bail on furnishing bond with sureties and undertaking to deposit Rs. 3,000 monthly maintenance.

Mohammad Sarwar Alam Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52113 of 2023

¶2

Arising Out of PS. Case No.-166 Year-2021 Thana- PURNIA COMPLAINT CASE District-

¶3

Purnia

¶4

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

¶5

MOHAMMAD SARWAR ALAM SON OF MD. RAFIK ANSARI RESIDENT OF VILLAGE- DHARHARA, ANSARI TOLA, WARD NO. 06, POLICE STATION- BANMANKHI, DISTRICT- PURNIA

¶6

... ... PETITIONER/S

¶7

VERSUS

¶8

THE STATE OF BIHAR BIHAR

¶9

JINAT KHATOON @ JINAT PRAVIN D/O OF MD. MUMTAJ, WIFE OF MD. SARWAR ALAM VILLAGE- DHARHARA, ANSARI TOLA, WARD NO. 05, POLICE STATION- BANMANKHI, DISTRICT- PURNIA.

¶10

... ... OPPOSITE PARTY/S

¶11

====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar Thakur , Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit , Addl. Public Prosecutor For the informant : Ram Prawesh Kumar , Advocate ======================================================

¶12

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶13

3 08-11-2023

¶14

1 . Heard learned counsel for the petitioner, the

¶15

State and the opposite party no.2.

¶16

The petitioner who is husband of opposite party no.

¶17

2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A) of the Indian Penal Code.

¶18

3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this

¶19

Patna High Court CR. MISC. No.52113 of 2023(3) dt.08-11-2023 2/3

¶20

month, to opposite party no. 2.

¶21

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- 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 the Additional Chief Judicial Magistrate - I , Purnea in connection with Complaint Case No. 166 of 2021 , , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

¶22

(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.

¶23

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

¶24

(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.

¶25

(4) The aforementioned payment will be subject to

¶26

Patna High Court CR. MISC. No.52113 of 2023(3) dt.08-11-2023 3/3

¶27

any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

¶28

(Prabhat Kumar Singh, J)

¶29

Koushik/-

¶30

U T

Mohammad Sarwar Alam v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mohammad Sarwar Alam 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

Sugiya Devi Vs The State of Bihar

Tarjan @ Saiful Haque Vs The State of Bihar

Savita @ Abha Devi Vs The State of Bihar

Dinesh Yadav Vs The State of Bihar

Abhishek Kumar Jha Vs the State of Bihar

Md. Sadik Ansari @ Md. Sadek Ansari Vs The State of Bihar