Jitendra Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26962 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- SHIVSAGAR District- Rohtas ====================================================== Jitendra Ojha S/o- Shyam Bihari Ojha Village- Ram Kekai, P.S.- Sheosagar, District- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sonam Ojha wife of Jitendra Ojha, D/o- Ravi Shankar Pandey VillageRampur Telri Ps- sheosagar Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Binod Murari Mishra, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP For Opposite Party No. 2:

Mr. Surendra Kr. Choubey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-06-2024 Heard learned counsels for the parties.

2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in Sheosagar P.S. Case No. 157 of 2023 registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the informant/O.P.- 2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) per month, starting from this month, to informant/O.P.-2.

5. In view of the undertaking of learned counsel for

Patna High Court CR. MISC. No.26962 of 2024(3) dt.26-06-2024 2/2 the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) per month to informant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 S.D.J.M., Rohtas at Sasaram, in connection with Sheosagar P.S. Case No. 157 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Informant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the Informant/O.P.-2.

(C.) 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. (D.) 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) shashank/- U T