IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74088 of 2024 Arising Out of PS. Case No.-708 Year-2023 Thana- COMPLAINT CASE District- Banka ====================================================== Md. Saful S/o Md. Razzaque R/o vill - Turkakol, P.O. - Kairi, P.S. - Bounsi, Distt. - Banka ... ... Petitioner/s Versus 1. The State of Bihar 2. Bibi Rubina D/o Md. Ansar R/o vill - Chhoti Chihar, P.s. - Baraht, Dist.- Banka ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Md. Nurul Hoda, Advocate For the State : Mr. Kumar Ranjit Ranjan, APP For Opposite Party No.2 : Mr. Balram Kapri, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 17-03-2025 Heard learned counsels for the parties. 2. The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code. 3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies the allegations made in the complaint petition. It is further submitted that petitioner has never committed torture to complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to Patna High Court CR. MISC. No.74088 of 2024(4) dt.17-03-2025 2/3 give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the complainant/Opposite Party No. 2. 5. Learned A.P.P. for the State and learned counsel appearing on behalf of the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight weeks from today, let the petitioner, above-named, 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 learned J.M. 1st Class, Banka in connection with Complaint Case No. 708 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions: “(A.) Complainant/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. (B.) Petitioner would deposit the Patna High Court CR. MISC. No.74088 of 2024(4) dt.17-03-2025 3/3 aforesaid amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the aforesaid amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) 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.” shashank/- (Prabhat Kumar Singh, J) U T