Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18767 of 2024 Arising Out of PS. Case No.-1172 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHANDAN KUMAR SON OF MADHESHWAR SINGH R/O-PREMA BIGHA, P.S.-PALIGANJ, DISTT.-PATNA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
SUDHA KUMARI WIFE OF CHANDAN KUMAR D/O-RAMJI PRASAD, R/O-PREMA BIGHA, P.S.-PALIGANJ, DISTT.-PATNA. PRESENT ADDRESS VILLAGE-BUDDHI CHHAPRA, P.O.-SAIDABAD, P.S.-RANI TALAB, DISTT.-PATNA, PIN-801104 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Sinha, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
Mr. Manoj Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Earlier, vide order dated 28.03.2024, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator's Report (flag 'A'), the mediation has failed.
2. Heard learned counsel for the parties.
3. The petitioner, who is husband of opposite party No. 2, apprehends arrest in a case registered for the offences punishable under Sections 323, 498A of the Indian Penal Code.
4. 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.18767 of 2024(3) dt.09-07-2024 2/3 month, to 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. 5000/- (five thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the 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 Sub-Divisional Judicial Magistrate, Danapur in connection with Complaint Case No. 1172(C) of 2023, 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 savings bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings 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.18767 of 2024(3) dt.09-07-2024 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) Navya/- U T