IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19978 of 2011
Md. Zabed Hussain
Versus
The State of Bihar
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03/- 28/07/2011 Heard learned counsel for the petitioner, learned counsel
for the complainant and learned Additional Public Prosecutor for the
State.
Petitioner is named accused in this complaint case being
husband of the complainant with allegation of demand of dowry,
torture etc. It is also pointed out that one case under Section 125 of
the Code of Criminal Procedure was also going on between the
parties, wherein, Rs. 800/- per month was ordered to be paid by way
of interim maintenance to the complainant by the petitioner.
Submission is that, the said amount is being continuously paid to the
complainant, but learned counsel for the complainant refuted such
submission as regard to payment.
Further, submission is that, said case under Section 125
of the Code of Criminal Procedure has already been disposed of and a
sum of Rs. 3,000/- per month has been awarded as maintenance to be
paid against which petitioner has preferred revision.
Considering the facts and circumstances and nature of
allegation, in the event of producing proof of payment of interim
maintenance of Rs. 800/- per month as ordered or in case of non-
payment, payment of entire dues at above rate with further
undertaking to continue payment of said amount, subject to any order
on the point by the competent court, in the event of his
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arrest/surrender before the court below within four weeks, let the
petitioner, namely, Md. Zabed Hussain, be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (ten thousand only) with two
sureties of the like amount each to the satisfaction of Chief Judicial
Magistrate, Munger, in connection with Complaint Case No. 958C of
2009, subject to condition laid down under Section 438 (2) of the
Criminal Procedure Code with additional condition to remain
physically present before the court below on each and every date at
least for two years or till disposal of the case, whichever is earlier, in
case of failure on two consecutive dates, without giving any
reasonable explanation, the liberty granted shall be deemed to be
cancelled.
Praveen/- ( Akhilesh Chandra, J.)