Pradeep Yadav @ Pradeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11702 of 2024 Arising Out of PS. Case No.-49 Year-2023 Thana- CHHATAPUR District- Supaul ====================================================== PRADEEP YADAV @ PRADEEP KUMAR YADAV Son of Dharmdeo Yadav Resident of Village-Lalganj ward no. 7, Police Station-Chhatapur, District-Supaul.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DILKHUSH KUMARI Wife of Pradeep Yadav Resident of Village-Lalganj Ward No. 7, Police Station-Chhatapur, District-Supaul and at present Address-Dilkhush Kumari, Daughter of Mahendra Yadav, Resident of Shankar Patti ward No. 03, Police Station-Chhatapur, District-Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Naresh Kumar Mehta, Advocate For the State :

Mr. Awadhesh Kumar Singh, APP For Opposite Party No.2 :

Mr. Kamal Kishore Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsels for the parties.

2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in Chhatapur P.S. Case No. 49 of 2023 registered for the offence punishable under Sections 494 and 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment to the informant/O.P.-2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to

Patna High Court CR. MISC. No.11702 of 2024(2) dt.22-02-2024 2/2 informant/O.P.-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 rupees) per month to the informant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 A.C.J.M. Vth, Supaul, in connection with Chhatapur P.S. Case No. 49 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Informant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/O.P.-2.

(C.) 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. (D.) 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) shashank/- U T