Abhinav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27781 of 2024 Arising Out of PS. Case No.-242 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Abhinav Kumar Son of Late Umesh Giri Resident of Village- Sharma Amar, P.O.- Hansikewal, P.S.- Bhagwanpur, Dist.- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Sanjay Kumar Giri, Advocate For the State :

Mr. Ram Sevak Choudhary, A.P.P.

For the Informant :

Mr. Shanti Bhushan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-05-2024 Heard learned counsel for petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner, who is husband of informant, apprehends his arrest in a case registered for the offences under Sections 341, 498 A, 506, 494 and 34 of the Indian Penal Code.

3. The petitioner is alleged to have committed torture and harassment to informant for dowry.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to the informant.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance

Patna High Court CR. MISC. No.27781 of 2024(2) dt.20-05-2024 2/2 amount of Rs. 3,000/- (three thousand) per month to the informant, 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 learned C.J.M., Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No. 242 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) Informant 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 informant.

(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) anay U T