Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6148 of 2024 Arising Out of PS. Case No.-137 Year-2023 Thana- BEN P.S. District- Nalanda ====================================================== Rakesh Kumar Son of Krishna Paswan Resident of Village Marsua, P.S.- Ben, District- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bhushan Paswan Son of Late Prabhu Dayal Paswan Resident of villageBaigni, P.S.- Hulasganj, Distt.-Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudish Kumar, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, A.P.P.
Mr. Dhirendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the parties.
2. The petitioner apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 04.04.2024 it appears that the mediation between the parties has failed.
4. 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
Patna High Court CR. MISC. No.6148 of 2024(3) dt.18-04-2024 2/3 month, to the daughter of the opposite party No. 2.
5. 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 daughter of 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 Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Ben P. S. Case No. 137 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as the following conditions:- '(1) The daughter of the 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 daughter 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.6148 of 2024(3) dt.18-04-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.'
(Prabhat Kumar Singh, J) Navya/- U T