Raju Paswan @ Raju Kumar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29578 of 2024 Arising Out of PS. Case No.-320 Year-2021 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== Raju Paswan @ Raju Kumar Paswan son of Jaldhar Paswan Village- Badi Makandpur Ps- Gopalpur Dist-Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kalpani Devi wife of Raju Paswan @ Raju Kumar Paswan, D/o- Shiv Paswan Village- badi Makandpur Ps- Gopalpur Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar Jha, Advocate For the State :

Ms. Sangeeta Sharma, APP For Opposite Party No.2 :

Mr. Sharda Nand Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsels for the parties.

2.

The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 323, 504, 498A, 494 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to

Patna High Court CR. MISC. No.29578 of 2024(4) dt.20-08-2024 2/3 complainant/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. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 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 Judicial Magistrate First Class, Naugachia, District- Bhagalpur, in connection with Complaint Case No. 320 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/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.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 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,

Patna High Court CR. MISC. No.29578 of 2024(4) dt.20-08-2024 3/3 will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T