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Patna High CourtCR. MISC./6258/2024bail granted

Azad Chauhan v. The State Of Bihar

2024-04-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6258 of 2024 Arising Out of PS. Case No.-404 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Azad Chauhan Son of Prameshwar Chauhan Resident Of Village Mashauhara, Ps Ariyari Op Kashar, District Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neelam Devi W/o Azad Chauhan R.o vill - Mashauhara, P.S. - Ariyari, O.P. Kashar, Distt. - Sheikhpura and D/o Late Ramesh Chauhan, R/o vill - Dudhaili Tola Madhuvan, P.O. - Parha, P.S. - Akbarpur, P.S. - Nawada. At present R/o vill - Dudhaili Tola Madhuvan, P.s. - Akbarpur, Distt. - Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the State :

Mr. Md. Matloob Rab, APP For the O.P. -2 :

Mr. Pramod Kumar Sinha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard both sides.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 404 of 2022 registered under Sections 341, 323, 379, 498A, 504, 506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. 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.

4. 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 or surrender before the learned court

Patna High Court CR. MISC. No.6258 of 2024(3) dt.18-04-2024 2/2 below within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Nawada in connection with Complaint Case No. 404 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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.

(iv) 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) utkarsh/- U T