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Patna High CourtCR. MISC./2615/2022bail granted

Tejuswi Prakash @ Tejuswi Prasad @ Tejuswi @ Appu v. The State Of Bihar

2024-07-30Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2615 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- GANDHIMAIDAN District- Patna ====================================================== TEJUSWI PRAKASH @ TEJUSWI PRASAD @ TEJUSWI @ APPU S/o Late Surya Prakash Sinha Resident of Flat No.201, Nilgiri Apartment, Boring Canal Road, Police Station- Sri Krishna Puri, District- Patna (Bihar), Presently residing at Flat No. B-401, Alaknanda Apartment, Plot No.45, Sector- 56k, Near AIT Chowk, Police Station- 56, District- Gurugram (Haryana) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Singh W/o Sri Tejuswi Prakash, Daughter of Late Amarnath Singh Resident of Mangalayatan Lodipur, Belwar Gali, P.S.- Gandhi Maidan, District- Patna (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Saket Gupta, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP Mr. Sourendra Pandey, Advocate Mr. Nalin Vilochan Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 8.

30-07-2024 Earlier, vide order dated 17.10.2022, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 23.02.2023 is at flag 'M').

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

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a case registered for the offences

Patna High Court CR. MISC. No.2615 of 2022(8) dt.30-07-2024 2/3 punishable under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5,000/- per month, starting from this month, to opposite party no. 2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (Rupees five thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six 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 learned A.C.J.M.-XIV, Patna in connection with Gandhi Maidan P.S. Case No. 4 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:- "(1) Opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its communication to the petitioner.

Patna High Court CR. MISC. No.2615 of 2022(8) dt.30-07-2024 3/3

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

(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.

(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."

(Prabhat Kumar Singh, J) anay U T