High Court Patna High Court - Orders

Md. Salauddin vs The State Of Bihar on 28 June, 2011

Patna High Court – Orders
Md. Salauddin vs The State Of Bihar on 28 June, 2011
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Cr.Misc. No.18442 of 2011
                                       Md. Salauddin
                                            Versus
                                    The State Of Bihar
                                          -----------

3. 28.06.2011. Heard the learned counsels for the

petitioner and the State.

The petitioner being the husband is

apprehending his arrest in complaint case in

which cognizance has been taken under

Section 498A of the Indian Penal Code.

The marriage was performed 14 years

prior to lodging of the complaint.

It is submitted by the learned

counsel for the petitioner that the

complainant is third wife of the petitioner.

It is submitted that paragraph no.4 of the

statement on solemn affirmation of the

complainant reflects that she does not want

to stay with the petitioner as she is

interested in divorce.

The petitioner is ready to pay Rs.

400/- per month to the complainant by

depositing the same in the bank account of

the complainant by second week of every

month from August, 2011. The aforesaid

payment will be subject to any order being
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passed in matrimonial or maintenance

proceedings. The petitioner undertakes to

serve a copy of the order to the complainant

within two weeks from today when it is

expected from the complainant to supply her

bank account to the petitioner.

Considering the aforesaid facts, let

the petitioner, above named, be released on

bail in the event of arrest or surrender

before the learned court below within a

period of twelve weeks from today in

connection with complaint case no. 382C of

2010 on furnishing bail bond of Rs.10,000/-

(Ten Thousand) with two sureties of the like

amount each to the satisfaction of the

learned J.M. Ist Class, Danapur, Patna,

subject to the conditions as laid down under

Section 438(2) of the Code of Criminal

Procedure.

U. K.                                       ( Dinesh Kumar Singh, J)