Nital Kumar Nirala v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15637 of 2024 Arising Out of PS. Case No.-136 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== Nital Kumar Nirala Son of Jyotish Kumar Sahu Resident of Village- Sahu Parbatta, P.S.- Parbatta, District- Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priti Kumari Wife of Nital Kumar Nirala and Daughter of Raj Kumar Resident of Village- Sahu Parbatta, P.S.- Parbatta, District- Bhagalpur, at present residing in Mohalla- Subhash Nagar, Ward No.-10, P.S.- Kotwali, Munger Town, Dist.- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Chandra Mauli Chaurasia, Advocate For the State :
Mr. Ashok Kumar Singh,A.P.P.
For the O.P.-2 :
Mr. Pravin Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner, State and informant/opposite party no. 2.
2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in a case registered for the offence under Sections 341, 323, 324, 307, 379 498(A), 506 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
3. As per prosecution case, this petitioner is alleged to have committed torture and harassment with the informant/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. 4,000/- (four thousand) per month, starting from this month, to informant/O.P.-2.
Patna High Court CR. MISC. No.15637 of 2024(2) dt.14-03-2024 2/2
5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 4,000/- (four thousand) per month to informant/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 A.C.J.M. - III, Naugachia, District Bhagalpur / concerned court in connection with Parbatta P.S. Case No. 136 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions: "(A.) Informant/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 informant/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