Naveen Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35697 of 2022 Arising Out of PS. Case No.-811 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== NAVEEN KUMAR Son of Late Ram Jaleshwar Resident of village - Khadiyahi Tole Kharaz, Ward No.- 08, P.S.- Bibhutipur, District - Samastipur presently resident of House No.- G/E 10, Colony Road, D.V.C. Colony, Chandrapur, P.S.- Chandrapur, District - Bokaro, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Khushbu Kumari Daughter of Ramyatan Singh Resident of village - Kewas Jagir, P.S.- Muffasil, District - Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nand Kumar, Addl Public Prosecutor Mr P.Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-07-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A/420/379/34 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3500/-per month, starting from this month to the opposite party no.2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3500/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner be

Patna High Court CR. MISC. No.35697 of 2022(8) dt.10-07-2023 2/2 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 Additional Chief Judicial Magistrate II, Samastipur in Complaint Case bearing CR No.811 of 2021/ Trial No. 2149/2021, 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

(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) shashi/- U T