Anand Kumar Soni @ Anand Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15202 of 2024 Arising Out of PS. Case No.-530 Year-2023 Thana- BASANTPUR District- Siwan ====================================================== Anand Kumar Soni @ Anand Kumar Sah S/o Arbind Kumar Soni Resident of village Shaharkola P.S. Basantpur District Siwan. ... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
Puja Kumari D/o Late Harendra Sah Resident of village Papaur P.S. Sarai O.P. District Siwan.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Lakshmi Kant Sharma, APP For the informant :
Mr. Dilip Kumar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 14-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Basantpur P.S. Case No. 530 of 2023, registered for the offences punishable under Sections 498(A)/313/323/341/504/34 of the Indian Penal Code.
3. The allegation against above named petitioner, who is husband to commit cruelty upon the
2/4 O.P. No. 2/wife due to non-fulfillment of demand of dowry, as raised for cash of Rs. 5 lacs and one bullet motorcycle.
4. Learned counsel appearing on behalf of the petitioner submitted that out of certain family disputes, O.P. No. 2/wife left the house of petitioner by deserting him and since then she is living with her parents. It is submitted that even as a matter of good gesture, petitioner/husband is ready to pay Rs. 3,500/- per month as an ad-interim maintenance to O.P. No. 2/wife without fail before 7th day of every English calendar month, till pendency of case before the learned trial court or finding of competent Family Court qua maintenance in issue. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned counsel appearing on behalf of the opposite party no. 2 has not objected ad-interim amount for the present.
6. In view of the facts and circumstances as
3/4 mentioned above and by taking note of the fact as petitioner is ready to pay ad-interim maintenance amount of Rs. 3,500/- to O.P. No. 2/wife, till disposal of the case, accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Trial Court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Siwan/concerned Court, where the case is pending in connection with Basantpur P.S. Case No. 530 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., with further conditions that:- (i) Petitioner shall pay Rs.
3,500/- as an ad-interim maintenance amount to O.P. No. 2/wife on or before 7th day of English calendar month.
Payment for the month of March be made in cash at the time of furnishing bail bond, whereas maintenance amount from the month of April onward be paid through bank account
4/4 of O.P. No. 2/wife, if not available same be opened by petitioner on his expenditure, if any.
(ii) If petitioner fails to pay ad-interim maintenance for two consecutive months the bail bond of petitioner shall be cancelled by the learned Trial Court, itself, if pressed by O.P. No. 2.
(iii) Both conditions as above shall remain in force till finding of learned Family Court on maintenance issue. Amount paid shall be adjusted accordingly.
(Chandra Shekhar Jha, J) veena/- U T