Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13349 of 2024 Arising Out of PS. Case No.-99 Year-2023 Thana- MAINATAND District- West Champaran ====================================================== Anil Kumar Son of Late Harilal Hajra Resident of Village- Purainiya, PostPidari, P.S.- Mainatand, District- West Champaran ... ... Petitioner/s

Versus

1. The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abu Nasar, Advocate For the State :

Mr. Damodar Prasad Tiwary, A.P.P.

For the Informant :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 Earlier, vide order dated 08.05.2024, the matter was referred to the Mediation Centre of District Legal Services Authority, West Champaran, Bettiah, but as per the Mediator's Report (flag 'M'), the mediation has failed.

2. Heard learned counsel for the parties.

3. The petitioner who is husband of informant apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

4. 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

Patna High Court CR. MISC. No.13349 of 2024(4) dt.08-07-2024 2/3 month, to informant.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- (three thousand) per month to the informant, 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 Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Mainatand P. S. Case No. 99 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) Informant 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 informant.

(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

Patna High Court CR. MISC. No.13349 of 2024(4) dt.08-07-2024 3/3 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) Navya/- U T