Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27759 of 2024 Arising Out of PS. Case No.-644 Year-2022 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Pradeep Kumar S/O Sri Amir Prasad R/O Village- Pawai, P.S- Parwalpur, Distt.- Nalanda, Also Resident Of A 32 Shiv Bihar, Vikash Nagar, Uttam Nagar, P.S- Naruala, Distt.- Delhi And At Present Residing At Building No. 18, Zone 74, Street 748, Alkhar Quatar (WRONGLY Stated In Complaint As Building No. 116, Zone No. 70, Street No. 535, Alkhilah, Um Salal Ali, Quatar. ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Swarnlata W/O Pradeep Kumar, D/O Upendra Prasad R/O Pawai, P.SParwalpur, Distt.- Nalanda At Present Shiv Vihar, Vikash Nagar, Uttam Nagar, New Delhi, D.K. Mohan Garden West Delhi, At Present Resident Of Village Ganjpar, P.S- Chandaura, P.S- Rahui, Distt.- Nalanda . ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Ms/Mrs. Vaishnavi Singh, Advocate For the Opposite Party :

Mr.Nirmal Kumar Sinha, A.P.P.

Kr. B.Bariar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A, 379/34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. It is submitted by 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 month to the opposite party no.2.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 Sub Divisional Judicial Magistrate Nalanda at Biharsharif in connection with Complaint Case No. 644C of

Patna High Court CR. MISC. No.27759 of 2024(3) dt.15-07-2024 2/2 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure 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 saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party 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. (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) Shashi U T