Patna High CourtCR. MISC./18475/2023bail granted

Sunil Kumar v. The State Of Bihar

2023-09-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18475 of 2023 Arising Out of PS. Case No.-1384 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== SUNIL KUMAR S/O Late Fakira Mahto R/O Nadha, P.S- Hilsa, DistrictNalanda ... ... Petitioner/s

Versus

The State of Bihar 2.

Ruby Kumari W/O Sunil Kumar, D/O Raja Ram Prasad R/O Nadha, P.SHilsa, District- Nalanda At present Kathanpura, P.S- Nursarai, DistrictNalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the State :

Mr. Sanjay Kumar Pandey, APP For the O . P .2 :

Vikash Kumar V.Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2023 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 , 341 , 504, 498 (A) , 494/34 of the Indian Penal Code.

3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-per month, starting from this

Patna High Court CR. MISC. No.18475 of 2023(4) dt.20-09-2023 2/3 month, to opposite party no. 2.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner 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 the Court of learned Judicial Magistrate 1st Class, Bihar Sharif (Nalanda) in connection with Complaint Case No. 1384(C) of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

(1) 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.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no. 2.

(3) 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.

(4) The aforementioned payment will be subject to

Patna High Court CR. MISC. No.18475 of 2023(4) dt.20-09-2023 3/3 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) Kaushik/- U T