Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6735 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Niraj Kumar Son of Vishwajit Ram @ Vishwajit Kumar R/o vill - Harnatand Ward no. 05, P.O. - Harnatand, P.s. - Laukariya, Distt. - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Varsha Kumari D/o Sanjay Ram R/o vill - Meena Bazar Domkhana, P.S. - Alamganj, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2024 1 . Heard learned counsel for the parties.

2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A), 341, 342, 323, 504 and 34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give

Patna High Court CR. MISC. No.6735 of 2024(3) dt.24-06-2024 2/3 maintenance amount of Rs. 3000/-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. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 the learned Sub-Divisional Judicial Magistrate , Patna City , District- Patna in connection with Alamganj P.S Case No. 283 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 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.

Patna High Court CR. MISC. No.6735 of 2024(3) dt.24-06-2024 3/3

(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) Koushik/- U T