Vishwajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17110 of 2023 Arising Out of PS. Case No.-1512 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== VISHWAJEET KUMAR Son of Late Chhotan Prasad R/o Village - Takia Par, Mahadeo Mills, P.S.- Malsalami, District - Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Rupa Kumari Wife of Vishwajeet Kumar D/o Ashok Kumar, R/o - Gariban Tola, Bari Nagla, P.S.- Malsalami, District - Patna. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Avanindra Kumar Jha, Advocate For the Opposite Party :

Mr.Md. Matloob Rab, Addl Public Prosecutor Mr. F Ali Ahmad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-05-2024 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 498A/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. It is submitted by 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.

4. Opposite party no.2 has filed counter affidavit stating that the petitioner is not following the conditions of settlement dated 10.8.2023.

5. 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

Patna High Court CR. MISC. No.17110 of 2023(4) dt.15-05-2024 2/2 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 Sub Divisional Judicial Magistrate, Patna city, Patna in Complaint Case No. 1512 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:- (i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

(iii) 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. (iv) 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