Sonu Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13488 of 2024 Arising Out of PS. Case No.-1362 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Sonu Kumar Kushwaha S/O HARGEN SINGH KUSHWAHA @HARGEN SINGH R/O VILLAGE- CHATARA, PS.- KOCHAS, DIST.- ROHTAS AT SASARAM.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

BINDA DEVI W/O SONU KUMAR KUSHWAHA R/O VILLAGECHATARA, PS.- KOCHAS, DIST.- ROHTAS AT SASARAM. AT PRESENT ADDRESS BINDA DEVI D/O OF BANARASI SINGH, R/O VILLAGE- KAURIRAM, PS.- MOHANIA, DIST. KAIMUR AT BHABUA.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP For OP 2 :

Abhash, Advocate Pradhan Murli Manohar Pd , Advocate Raju Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 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 498A and 323 of the Indian Penal Code and 3/ 4 of the D. P Act.

3. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 19.07.2024 it appears that the mediation between the parties has failed.

Patna High Court CR. MISC. No.13488 of 2024(4) dt.22-07-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 2000/- per month, starting from this month, to 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. 2000/- ( two 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 CJM, Bhabua District- Kaimur at Bhabua in connection with Complaint Case No. 1362 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 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

Patna High Court CR. MISC. No.13488 of 2024(4) dt.22-07-2024 3/3 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) Koushik/- U T