Hemant Ishwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 15526 of 2023 Arising Out of PS. Case No.-1455 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== HEMANT ISHWAR S/o Vishnu Deo Ishwar R/o village- Maranchi, P.S.- Bachhwara, Distt- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Livali Devi @ Aradhya Kumari W/o Hemant Ishwar, D/o Rajendra Singh Present resident of Village- Barauni-02, P.S.- Teghra, Distt- Begusarai. ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr Dinesh Maharaj, Advocate For the S t a t e :

Mr Akshay Lal Pandit, APP For Opposite Party No 2 :

M/s Shubhesh Pandey, Vinit Kr, Advocates ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2023 Heard learned counsel for the petitioner, State and Opposite Party No 2.

2 The petitioner, who is husband of Opposite Party No 2, apprehends arrest in Complaint Case No 1455 of 2017 registered for the offence punishable under Sections 323, 406, 498A of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act.

3 Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs 3000/- per month, starting from this month, to Opposite Party No 2.

4 In view of the undertaking of learned counsel for the petitioner that the petitioner is ready to give maintenance amount of Rs 3000/- per month, in the event of arrest/surrender

Patna High Court CR. MISC. No.15526 of 2023(3) dt.17-08-2023 2/2 within a period of six weeks from today, the petitioner above named be enlarged on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrtate, Begusarai in Complaint Case No 1455 of 2017 subject to the conditions as laid down in 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 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 bonds.

(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) M.E.H./- U T