Vikash Kumar @ Sovindra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17067 of 2024 Arising Out of PS. Case No.-1291 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Vikash Kumar @ Sovindra S/O Late Umesh Prasad Resident Of VillageSufalbigha, P.S. Mufassil, District- Nawada ... Petitioner

Versus

1.

The State Of Bihar 2.

Priti Kumari W/O Vikash Kumar @ Sovindra, D/O Kapildev Prasad Resident Of Village- Sufalbigha, P.S. Mufassil, District- Nawada. At Present Resident Of Village- Dedaur, P.S- Mufassil, Distt.- Nawada. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Manmohan Kumar, Advocate For the Opposite Parties :

Mr.Pradeep Narain Kumar, A.P.P.

Mr. Amit Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2025 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 498A/323 of the Indian Penal Code.

3. Learned counsel for opposite party no.2 submits that though the settlement had been arrived at between the parties vide mediator's report dated 29.11.2024, but petitioner has violated the condition of settlement and refused to take opposite party no.2 to his house. Thus, in spite of efforts, dispute between the parties could not be resolved through process of mediation.

4. Considering the mediator's report as well as the present development, let the petitioner pay maintenance amount of Rs. 3000/-per month, starting from this month to the opposite party no.2 and that being so, in the event of arrest/surrender within a period of eight weeks from today, above-named petitioner be enlarged on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.17067 of 2024(4) dt.03-01-2025 2/2 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Nawada in Complaint Case No. 1291 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:- (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