Tarun Kumar @ Navin Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14591 of 2024 Arising Out of PS. Case No.-776 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Tarun Kumar @ Navin Mandal Son of Chhedi Mandal R/o vill - Naraihiya, P.S. - Falka, Distt. - Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nanki Devi W/o Tarun Kumar @ Navin Mandal, D/o Ramji Mandal R/o vill - Narahiya, P.S. - Falka, Distt. - Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sah, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar , APP For OP 2 :

Mr. Mukesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2024 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Section 498 (A) of the Indian Penal Code and Section 4 of the D. P 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

Patna High Court CR. MISC. No.14591 of 2024(4) dt.01-05-2024 2/3 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 SDJM, Katihar in connection with Complaint Application (C . A . ) No. 776 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

Patna High Court CR. MISC. No.14591 of 2024(4) dt.01-05-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Koushik/- U