Rohit Pandit @ Rohit Ramdas Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4032 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- MAHILA P.S. District- Muzaffarpur ====================================================== Rohit Pandit @ Rohit Ramdas Pandit, Son Of Ramdas Pandit Resident Of Village - Mithanpura, Shankar Path Colony, P.S.- Mithanpura, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Radhika Kumari W/o Rohit Pandit @ Rohit Ramdas Pandit Resident of Village - Mithanpura, Shankar Path Colony, P.S.- Mithanpura, Distt.- Muzaffarpur, at Present Address- D/o Satynarayan Pandit, Village - Ram Das Matha manjhauli, P.O.and P.s.- Bochan, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Akshay Lal Pandit For the Opposite Party/s :

Mr. Choubey Jawahar Mr. Shyam Bihari Singh Mr. Mithilesh Kumar Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The learned counsel for the petitioner submits that the petitioner and the informant are present in the Court in compliance of the order dated 08.09.2022 along with their respective learned counsels.

The petitioner, who is present personally, submits that he is willing to pay monthly maintenance of Rs.7,000/- to the informant and Rs.3,000/- as monthly maintenance for the child. The informant, who is present in the Court, submits

Patna High Court CR. MISC. No.4032 of 2022(4) dt.22-09-2022 2/3 that the maintenance amount which the petitioner will pay to her and the child will be subject to the outcome of the maintenance case which she has already been preferred before the learned Family Court, Muzaffarpur.

The learned counsel for the petitioner at this stage submits that the informant be asked to provide her account number on the whatsapp number of the petitioner to which, the learned counsel for the informant and the informant submits that today only they will be providing the account number on the whatsapp of the petitioner.

The learned counsel for the petitioner on instruction submits that petitioner will start paying the monthly maintenance from 01.10.2022 till the maintenance case as aforesaid is not decided by the learned Family Court. In view of the submissions made by the learned counsel for the parties, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Mahila P. S. Case No.53 of 2021,

Patna High Court CR. MISC. No.4032 of 2022(4) dt.22-09-2022 3/3 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

However, in the event, if an application is filed by the informant before the learned trial Court with documentary evidence on record that the petitioner consecutively for two months has not paid the maintenance amount, the learned trial Court shall forthwith cancel his bail bonds and will take all coercive steps to ensure that the petitioner is behind the bars. (Satyavrat Verma, J) Gaurav/vikash U T