Sunil Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8765 of 2023 Arising Out of PS. Case No.-57 Year-2021 Thana- COMPLAINT CASE District- Supaul ====================================================== Sunil Sah Son of Gopal Sah R/O Village- Tarsarai Muriya (Traily Gumti) Ward No.01, P.S.- Darbhanga Sadar, District- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saraswati Devi Wife of Sunil Sah, D/O Vishwanath Sah R/O VillageTarsarai Muria (Traily Gumti), Ward No.1, P.S.- Darbhanga Sadar, DistrictDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Karn, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, A.P.P.

Mr. Pramod Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-07-2023 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 offences punishable under Sections 323, 498A, 379 of the Indian Penal Code and Sections 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 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

Patna High Court CR. MISC. No.8765 of 2023(3) dt.18-07-2023 2/2 thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur, District Supaul in connection with Complaint Case No. 57C/2021, 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 parties to resolve the issue otherwise.

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