Mukesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6436 of 2024 Arising Out of PS. Case No.-1188 Year-2022 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Mukesh Kumar Singh Son of Pramod Singh R/o vill and Post - Dumra, P.S. - Jamo Bazar, Distt. - Siwan ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pinki Devi W/o Mukesh Kumar singh, D/o Ramekbal Singh R/o vill and Post - Dumra, P.s. - Jamo Bazar, Distt. - Siwan, Presently R/o vill - Hariyama, P.O. - Bagahi, P.S. - Basantpur, Distt. - Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, A.P.P.
Mr. Askhay Lal Pandit, Advocate Mr. Rajesh Kumar, Advocate Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2024 Earlier, vide order dated 01.05.2024, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator's Report (flag 'B'), the mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give
Patna High Court CR. MISC. No.6436 of 2024(4) dt.10-07-2024 2/3 maintenance amount of Rs. 3000/- per month, starting from this month, to 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. 3000/- (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 Sub-Divisional Judicial Magistrate, Siwan in connection with Complaint Case No. 1188 of 2022, 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 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
Patna High Court CR. MISC. No.6436 of 2024(4) dt.10-07-2024 3/3 parties to resolve the issue otherwise.'
(Prabhat Kumar Singh, J) Navya/- U T