Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16670 of 2023 Arising Out of PS. Case No.-1881 Year-2019 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== RAJIV KUMAR S/o- Ramchandra Ram Resident of Village- PO- Balaur PsKudhani Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita W/o- Rajiv Kumar and D/o- Surendra Ram D/o- Surendra Ram, Resident of Village- Pauda Ps- Saray, Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Upendra Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-06-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 379,498A,307/34 and other allied sections of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

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 the opposite party no.2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- 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

Patna High Court CR. MISC. No.16670 of 2023(3) dt.20-06-2023 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class Vaishali at Hajipur in Trial No.2282 of 2020/ Complaint Case No. 1881 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 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) shashi/- U T