Vicky Kumar @ Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5279 of 2023 Arising Out of PS. Case No.-231 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VICKY KUMAR @ CHHOTU KUMAR S/o Navin Prasad @ Navin Kumar Verma R/o Village- Chhotki Nawada, Durga Asthan, P.S.- Delha, Distt- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Suman Devi D/o Late Gopal Prasad R/o Mohalla- Parinami Mandir, in the house of Sidhu Mahto, P.O.- Guljarbag, P.S.- Alamganj, Distt- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dipak Kumar, Advocate For the State :

Mr.Sangeeta Sharma, APP For the Complainant :

Mr. Rahu Kumar Dubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under section 498A of the Indian Penal Code.

3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month, to opposite party no. 2.

Patna High Court CR. MISC. No.5279 of 2023(3) dt.30-08-2023 2/3

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, 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 J.M. 1st Class, Patna City, Patna in connection with Complaint Case No. 231 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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

Patna High Court CR. MISC. No.5279 of 2023(3) dt.30-08-2023 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Kaushik/- U T