Sujeet Kumar @ Sujeet Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12809 of 2023 Arising Out of PS. Case No.-38 Year-2022 Thana- MAHILA P.S District- Supaul ====================================================== Sujeet Kumar @ Sujeet Kumar Mandal Son of Late Subhash Chandra Mandal Resident of Village - Charaiya, Ward No.- 12, Bhargama, District - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nibha Devi Wife of Sujeet Kumar @ Sujeet Kumar Mandal Resident of Village - Charaiya, Ward No.- 12, Bhargama, District - Araria, At present Residing at Daughter of Ramchandra Mandal, Resident of Village - Burahi, Ward No.- 11, P.S. and District - Supaul.

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

For the Petitioner/s :

Mr.Mrigendra Kumar For the Opposite Party/s :

Mrs.Pronoti Singh Mr. Pramod Mishra, Mr. Suraj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opposite party no. 2.

2. The petitioner who is husband of opposite party no. 2, apprehends his arrest in a case punishable for the offences under Sections 498(A), 341, 323, 504, 494, 506, 379 and 34 of the I.P.C. and Section 3/4 of Dowry Prohibition Act.

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

4. 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.

5. In view of the undertaking of learned counsel for

Patna High Court CR. MISC. No.12809 of 2023(3) dt.15-07-2024 2/2 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 S.D.J.M., Supaul/ concerned court in connection with Supaul Mahila P.S. Case No. 38 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 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