Sandip Lakhmani @ Sandip Lakhamani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15457 of 2023 Arising Out of PS. Case No.-6 Year-2022 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== SANDIP LAKHMANI @ SANDIP LAKHAMANI S/O Ishwar Das Lakhmani R/O Sevaram Apartment, Flat No- 1, Gas Godam Gali, Near Pradeep Palace Hotel, Dilejakpur, P.S- Kotwali Sahar Gorakhpur, DistrictGorakhpur (Uttar Pradesh) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Riya Raj @ Riya Sen W/O Sandip Lakhmani, D/O Umesh Rajdeo At present, resident of Mohalla- Tirhut Colony, Ward No- 21, P.S- Madhubani (Town), District- Madhubani (Bihar) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan Prasad No. 1, Advocate For the Opposite Party/s :
Mr. Nand Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.
The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections (A) of the Indian Penal Code and 3 & 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 4000/-per month, starting from this month, to opposite party no. 2.
In view of the undertaking of learned counsel for the
Patna High Court CR. MISC. No.15457 of 2023(2) dt.17-05-2023 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 4000/- 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 learned Chief Judicial Magistrate, Madhubani in connection with Madhubani (Town) P.S. case No 06 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 saving bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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
Patna High Court CR. MISC. No.15457 of 2023(2) dt.17-05-2023 3/3 parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Kaushik/- U T