Guddu Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24267 of 2024 Arising Out of PS. Case No.-311 Year-2023 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== GUDDU PASWAN SON OF BUCHHO PASWAN RESIDENT OF VILLAGE - BARAHI, WARD NO. 11, P.S. - SONBARSA RAJ (KASHNAGAR OP), DISTRICT - SAHARSA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

KANCHAN KUMARI DAUGHTER OF RAMAN PASWAN RESIDENT OF VILLAGE - BARAHAI, WARD NO. 11, P.S. - SONBARSA RAJ (KASHNAGAR OP), DISTRICT - SAHARSA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Diwakar Prasad Singh, Advocate For the State :

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

Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-08-2024 Heard learned counsels for the parties.

2.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/-

Patna High Court CR. MISC. No.24267 of 2024(4) dt.12-08-2024 2/3 (three thousand rupees) per month, starting from this month, to complainant/Opposite Party No. 2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 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 Sub-Divisional Judicial Magistrate, Saharsa, in connection with Complaint Case No. 311 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions: "(A.) Complainant/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.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 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.

Patna High Court CR. MISC. No.24267 of 2024(4) dt.12-08-2024 3/3 (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