Raj Kumar @ Raj Kumar Paswan @ Raj Kapur Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33940 of 2024 Arising Out of PS. Case No.-235 Year-2022 Thana- KIUL District- Lakhisarai ====================================================== Raj Kumar @ Raj Kumar Paswan @ Raj Kapur Paswan Son of Late Gyan Paswan Resident of Village - Gohri, P.S.- Bannubagicha, Distt - Lakhisarai. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rekha Devi D/o Akildeo Paswan R/o vill - Sikharichak, P.O. - Mokamaghat, P.S. - Mokama, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Narsingh Tanti, Advocate For the State :
Ms. Asha Kumari, APP For Opposite Party No.2 :
Mr. Binod Kr. Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2024 Heard learned counsels for the parties.
2.
The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in Complaint Case No. 235C of 2022 registered for the offence punishable under Sections 498A, 448 and 323 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per complaint case, there is allegation of commission of matrimonial cruelty with the complainant/Opposite Party No. 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. 3,000/-
Patna High Court CR. MISC. No.33940 of 2024(3) dt.30-07-2024 2/3 (three thousand rupees) per month, starting from this month, to 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 1st Class, Lakhisarai, in connection with Complaint Case No. 235 of 2022, 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
Patna High Court CR. MISC. No.33940 of 2024(3) dt.30-07-2024 3/3 order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) shashank/- U T