Vikash Thakur @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5768 of 2024 Arising Out of PS. Case No.-42 Year-2023 Thana- MAHILA PS District- Buxar ====================================================== VIKASH THAKUR @ MUKESH KUMAR Son of Prasuram Thakur Resident of Village and Post-Badka Rajpur, Police Station-Simri, DistrictBuxar, Bihar, 802113. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SONAM THAKUR Wife of Vikash Thakur @ Mukesh Kumar, Daughter of Sudarsan Thakur Village-Gangauli, P.S.-Simri, District-Buxar, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Mishra For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal Ms. Manju Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-05-2024 Heard learned counsel for petitioner, learned A.P.P. for the State and learned counsel for the informant/O.P.No.2.

2. The petitioner, who is husband of informant, apprehends his arrest in a case registered for the offences under Sections 323, 341, 498A, 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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

4. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties, but from perusal of Mediator's Report dated 11.03.2024, it appears that the mediation between the parties has failed (Flag 'A').

Patna High Court CR. MISC. No.5768 of 2024(3) dt.14-05-2024 2/3

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- 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. 3,000/- (three 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 S.D.J.M., Buxar in connection with Buxar (Mahila) P.S. Case No. 42 of 2023, 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.

(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

Patna High Court CR. MISC. No.5768 of 2024(3) dt.14-05-2024 3/3 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