Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7124 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== CHANDAN KUMAR Son of Shri Narayan Singh Resident of Village - Gokhula, P.S.- Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madhu Kumari @ Madhu Devi Wife of Chandan Kumar D/o Makeshwar Singh, Resident of Village - Chandrapura, P.S.- Deoria, District - Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Nandan, Advocate For the State :

Mr.Sanjay Kumar Tiwary, APP For the iNformant :

Nachiketa Jha, 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 sections 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act. 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.

4. In view of the undertaking of learned counsel for

Patna High Court CR. MISC. No.7124 of 2023(3) dt.30-08-2023 2/3 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 S.D.J.M., West Muzaffarpur, in connection with Complaint Case No. 191 of 2022, corresponding to Trial No. 4025 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 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 proceedings. The present order, in no way, will preclude the

Patna High Court CR. MISC. No.7124 of 2023(3) dt.30-08-2023 3/3 parties to resolve the issue otherwise.

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