Vinayak Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14453 of 2024 Arising Out of PS. Case No.-381 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Vinayak Singh son of Late Jitndra Singh Village- Katesar Ps- Ramnagar DistChandauli U.P ... ... Petitioner/s
Versus
1. The State of Bihar
2. Nidhi Singh, W/O Vinayak Singh, D/O Birendra Singh, Resident of Village Adarsh Nuoan, P.S.- Durgawati, District- Bhabua. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dharmendra Singh, Advocate For the State :
Ms. Pushpa Sinha, APP For Opposite Party No.2 :
Mr. Rajni Kant Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-08-2024 Heard learned counsels for the parties.
2.
The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in Complaint Case No. 381 of 2023 registered for the offence punishable under Section 498A of the Indian Penal Code.
3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/Opposite Party No. 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.14453 of 2024(5) dt.05-08-2024 2/3 complainant/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. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 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 Addl. Chief Judicial Magistrate, Sub divisional Court, Mohania at Kaimur, in connection with Complaint Case No. 381 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/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.
(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 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
Patna High Court CR. MISC. No.14453 of 2024(5) dt.05-08-2024 3/3 order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) shashank/- U T