Kamlesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13703 of 2024 Arising Out of PS. Case No.-1089 Year-2016 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Kamlesh Pandey Son of Late Dudhnath Pandey Resident of Village- Amra, P.O.- Kandawa, P.s.- Rohaniya, District- Varnasi (U.P.) ... ... Petitioner

Versus

1.

The State of Bihar 2.

Hemlata Pandey W/o Kamlesh Pandey, D/o Late Shri Ram Upadhyay Resident of Village- Amra, P.S.- Rohaniya, District- Varnasi (U.P.), ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brajesh Prasad Gupta, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, A.P.P.

Mr. Abhash, Advocate Mr. PMM Prasad, Mr. Raju Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-09-2024 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A and 406 of the Indian Penal Code.

3. Allegation against the petitioner is of matrimonial cruelty and demand of dowry. Mediator's report dated 2.8.2024 reveals that in spite of efforts, dispute between the parties could not be resolved through process of mediation. However, it is submitted by 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 the opposite party no.2.

4. Learned counsel for the State as well as opposite party no.2 oppose the prayer for bail.

Patna High Court CR. MISC. No.13703 of 2024(4) dt.13-09-2024 2/2

5. 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 thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate I, Kaimur at Bhabua in Complaint Case No. 1089 of 2016, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

(iii) 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. (iv) 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) Shashi U T