Govind Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20077 of 2024 Arising Out of PS. Case No.-528 Year-2021 Thana- COMPLAINT CASE DistrictKishanganj ====================================================== Govind Ray son of Katalu Roy Vill- Gunjaria PS- Islampur District Uttar Dinajpur (W.B.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudha Ray wife of Govind Ray Village- Gunjaria Ps- Islampur Dist- Uttar Dinajpur W.B P/A- Amaj Jhari Darjibhitta Ps- Thakurganj Dist- Kishanganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ram Prawesh Kumar, Advocate For the State :

Mr. Braj Kishore Pd., AP For Opposite Party No. 2:

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2024 Heard learned counsels for the parties.

2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Complaint Case No. 528 of 2021 registered for the offence punishable under Sections 498A, 323 and 494 of the Indian Penal Code.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the 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 rupees) per month, starting from this month, to complainant/O.P.-2.

5. In view of the undertaking of learned counsel for

Patna High Court CR. MISC. No.20077 of 2024(3) dt.02-07-2024 2/2 the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to 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 Judicial Magistrate, 2nd Class, Kishanganj, in connection with Complaint Case No. 528 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) 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 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) shashank/- U T