Pranay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28487 of 2024 Arising Out of PS. Case No.-591 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Pranay Kumar Singh S/o- Late Niwas Singh Moh- Mahabir Tola Ps- Ara Town Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dr. Arti Kumari wife of Pranay Kumar Singh T Point Grey White Building Near Surenddra Enclave Flate no-403, Sharda Stationery AO B Grossery Near School Ps- Rajeev Nagar Dist- patna, A/P- Girja More Ara Ps- Ara Town Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Md. Nazir Ansari , APP For OP 2 :

Mr. Kaushal Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2024 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 and 427 of the Indian Penal Code .

3. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 18.07.2024 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

Patna High Court CR. MISC. No.28487 of 2024(3) dt.22-07-2024 2/3 maintenance amount of Rs. 3000/- per month, starting from this 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 learned Sub-Divisional Judicial Magistrate , Bhojpur at Ara in connection with Ara Town PS Case No. 591 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) 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

Patna High Court CR. MISC. No.28487 of 2024(3) dt.22-07-2024 3/3 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) Koushik/- U T