Praveen Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29468 of 2023 Arising Out of PS. Case No.-718 Year-2019 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Praveen Kumar Son Of Mohan Pandit Resident Of Village - Bamber Panchayat Tetiya, P.O. And P.S.- Tetiya Bamber, District - Munger, And Also Present Resident Of Posted - Streat 64a, Area - 2 (North) P.O. And P.S.- Chittranjan, District - Western Vardhaman (West Bengal) Pin No.- 713331 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pratibha Kumari Pandit Wife of Praveen Kumar Resident of Village - Bamber Panchayat Tetiya, P.O. and P.S.- Tetiya Bamber, District - Munger, And Also Present Resident - D/o Manju Devi and Virendra Kumar, Village and P.O.- Sanhauli, P.S.- Chitraguptanagar (Khagaria), District - Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akshay Lal Pandit, Advocate : Mr. Arvind Kumar, Advocate : Mr. S. Azeem, Advocate : Mr. Kaushal Kumar, Advocate : Ms. Pratima Kumari, Advocate : Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP For the Informant : Mr. Ram Sevak Chaudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the parties.
Both parties appeared in person.
Learned counsel appearing on behalf of petitioner
2/4 submitted that petitioner is on provisional bail vide order dated 19.05.2023 of this Court.
It is submitted that as a good gesture, petitioner, who is working with Indian Railways is ready to pay Rs. 25,000/- (Rupees Twenty Five Thousand) on monthly basis as an ad-interim maintenance to Opposite Party No.2/wife, namely Pratibha Kumari Pandit, and also to his minor son, namely Harsh Priyanshu, till finding of the competent learned Family Court over the subject.
Learned APP duly assisted by learned counsel appearing on behalf of complainant/wife, namely Pratibha Kumari Pandit, appears to be in agreement with the offer as advanced by learned counsel appearing on behalf of the petitioner.
In view of the facts as stated above as petitioner is ready to pay Rs. 25,000/- (Rupees Twenty Five Thousand) per month to O.P. No.2/wife, namely Pratibha Kumari Pandit, as an ad-interim maintenance amount paid by the petitioner till the finding of the competent learned Family Court over the subject, accordingly, the provisional bail of the petitioner is hereby confirmed with the same sureties and bail bond, with further conditions :-
3/4 (i) The petitioner shall pay Rs. 25,000/- (Rupees Twenty Five Thousand) through bank account of the complainant available with Bank of Baroda, Mihijam, Chittaranjan Station Road. Branch, Jharkhand having account no. 38530100007595.
The copy of the first page of passbook supplied to petitioner before the Court, itself, as to transfer the said amount, positively, before 7th day of English calendar month. Any deviations from the monthly ad-interim maintenance shall be liable to cancellation of the bail bond of the petitioner by the learned Trial Court, itself.
(ii) It is made clear that interim maintenance be given from the month of April 2023. Accordingly, the arrears for the month of April, May, June i.e., Rs. 75,000/- (Rupees Seventy Five Thousand) be paid,
4/4 positively, to the complainant/wife through her bank account. This condition shall be treated as a precondition to confirm the sureties and bail bond as furnished during provisional bail.
(iii) Amount as paid above shall be adjusted towards maintenance granted by concerned Learned Family Court.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T