Sanjeet Sah @ Sanjeet Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28143 of 2024 Arising Out of PS. Case No.-495 Year-2023 Thana- SONEPUR District- Saran ====================================================== Sanjeet Sah @ Sanjeet Gupta Son Of Prabhu Sah @ Prabhu Prasad Gupta @ Prabhu Prasad Resident Of Village - Chausiya, Ps- Sonepur @ Sonpur, DistSaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shanti Devi Wife Of Tarak Sah Village And Po And Ps- Nayagaon, DisttSaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Samarjeet Singh, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP Mr. Nikunj Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-10-2024 Earlier, the matter was referred to Mediation Centre and the report of Mediator is at flag 'M'.

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party No. 2.

3. The petitioner apprehends his arrest in connection with Sonepur @ Sonpur P.S. Case No. 495 of 2023 for the offences punishable under Sections 341, 323, 498A, 504 and 506/34 of the Indian Penal Code.

4. At the outset, learned counsel for the opposite party No. 2 submits that petitioner is not ready to keep the opposite party No. 2 with him.

5. In reply, learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.28143 of 2024(4) dt.03-10-2024 2/3 petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Sonepur @ Sonpur P.S. Case No. 495 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C 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 savings bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. 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.

Patna High Court CR. MISC. No.28143 of 2024(4) dt.03-10-2024 3/3 (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) utkarsh/- U T