Kailash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38914 of 2024 Arising Out of PS. Case No.-1525 Year-2021 Thana- COMPLAINT CASE District- Araria ====================================================== Kailash Kumar son of Late Ramanand Yadav @ Rameshwar Yadav VillageMaujaha Ps- Bhargama Dist- Araria, A/P-H. No-60, Gali No-2, Kapasera Near Ps- Gurugawn Road South West Delhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shabnam Kumari wife of Kailash Kumar, D/o- Chandra Kishore Singh Village- Barbanna Diwan Tola W.No-12, Ps- Raniganj Dist- Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP For OP 2 :

Mr. Mukesh Kumar Rana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2024 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 , 498 (A) and 379 of the Indian Penal Code and Section 4 of the D. P Act.

3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give

Patna High Court CR. MISC. No.38914 of 2024(3) dt.12-09-2024 2/3 maintenance amount of Rs. 3000/-per month, starting from this month, to opposite party no. 2.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 JM 1st Class Araria in connection with Complaint Case No. 1525 C of 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

Patna High Court CR. MISC. No.38914 of 2024(3) dt.12-09-2024 3/3 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