Rohit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9871 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Rohit Kumar Yadav S/O Ram Lagan Yadav R/O Village- Dumra, P.SHassanpur, Distt.- Samastipur. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kiran Kumari W/O Rohit Kumar Yadav R/O Village- Rajwa Dumra, P.SHassanpur, Distt.- Samastipur, Present Address- D/O Bhikho Yadav, R/O Village- Karachi, P.S- Bithan, Distt.- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Ms. Sucheta Yadav,APP Mr. Amar Kr. Singh, Rahul Singh, both Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 Earlier, vide order dated 16.04.2024, the matter was referred to Mediation Centre, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report at flag 'A').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party No. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 498A, 323, 341, 379, 494, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.9871 of 2024(4) dt.16-05-2024 2/3

4. Petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party No. 2.

6. 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) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the 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 learned Judicial Magistrate 1st Class, Rosera, Samastipur in connection with Complaint Case No. 217 of 2023, 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

Patna High Court CR. MISC. No.9871 of 2024(4) dt.16-05-2024 3/3 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) anay U T