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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34898 of 2024 Arising Out of PS. Case No.-1023 Year-2020 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== RAJU KUMAR @ RAJU KUMAR SINGH S/O SHATRUGHAN SINGH R/O VILLAGE- H.N-5, RANIDIH GULTU JHOPARI, P.O- HARHAR GUTTU, P.S- BAGBERA, JAMSHEDPUR, DISTT.- PURVI SINGHBHUM, JHARKHAND-831002. AT PRESENT ADDRESS- A-34/270 U.C.I.L TURAMDIH COLONY, P.O- SUNDERNAGAR, P.S- SUNDERNAGAR, JAMSHEDPUR, DISTT.- EAST SINGHBHUM, JHARKHAND-832107 ... ... Petitioner/s

Versus

1 .

THE STATE OF BIHAR 2.

SMT. RAGINI SINGH W/O RAJU KUMAR SINGH, D/O RAJESH SINGH R/O VILLAGE AND POST- BHORE, P.S- MUFASIL, DISTT.- GAYA, BIHAR, AT PRESENT ADDRESS- ROAD NO. S/3, AASHARAM COLONY, ADITYAPUR-2, P.O AND P.S- ADITYAPUR, DISTT.- SARAIKELLA- KHARSAWAN, JHARKHAND.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit , APP For OP 2 :

Mr. Gajendra Kumar Singh, Advocate Mr. Avinash Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 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 Section 498A of the Indian Penal Code and Sections 3/ 4 of the D. P Act.

3 . Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 10.09.2024 , it appears that the

Patna High Court CR. MISC. No.34898 of 2024(5) dt.12-09-2024 2/3 mediation between the parties failed.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/- 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. 5000/- (five thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of eight 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 Judicial Magistrate Ist Class Gaya in connection with complaint Case No. 1023 of 2020, 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.

Patna High Court CR. MISC. No.34898 of 2024(5) dt.12-09-2024 3/3

(3) 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.

(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