Om Prakash Bind @ Om Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15548 of 2023 Arising Out of PS. Case No.-684 Year-2021 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== OM PRAKASH BIND @ OM PRAKASH Son of Arjun Bind R/VSahbazpur, P.S.- Chand, District- Kaimur at Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Sakal Bind Son of Ram Dayal Bind Resident of Bijarih, P.S.- Chenari, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Sanjay Kumar Tiwary,Advocate For the State :

Mr.Sanjay Kumar Sharma,APP For the Complainant :

Mr.Sada Nand Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the parties.

2. The petitioner, husband of the daughter of complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the daughter of complainant/O.P.-2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month, to the daughter of complainant/O.P.-2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance

Patna High Court CR. MISC. No.15548 of 2023(3) dt.20-07-2023 2/2 amount of Rs. 3,000/- (three thousand) per month to the daughter of complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 Chief Judicial Magistrate, Rohtas at Sasaram / concerned court in connection with Complaint Case No. 684 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Daughter of complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the daughter of complainant/O.P.-2. (C.) 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.

(D.) 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