Mukesh Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26409 of 2024 Arising Out of PS. Case No.-681 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Mukesh Kumar Sah son of Mohan Sah Village- Nahari tole, Bela PsKhutauna Dist- Madhubani ... ... Petitioner/s
Versus
1 . The State of Bihar
2. Kabita Kumari, Female aged about 24 years, W / O Mukesh Kumar Sa , D / O Devnandan Sah Village- Lalmaniya Ps- Laukaha OP Lalmaniaya DistMadhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar , Advocate For the Opposite Party/s :
Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2024 Heard learned counsel for the parties.
2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 498A , 504 and 34 of the Indian Penal Code and Section 4 of the D. P Act.
3 . Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 03.09.2024 it appears that the mediation between the parties has failed.
4. 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
Patna High Court CR. MISC. No.26409 of 2024(4) dt.11-09-2024 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. 3000/- (three 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 the SDJM Jhanjharpur Madhubani in connection with C R. No. 681 of 2022 , 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.26409 of 2024(4) dt.11-09-2024 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) Koushik/- U T