Ajay Kumar @Ajay Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37857 of 2024 Arising Out of PS. Case No.-166 Year-2023 Thana- MAHARAJGANJ District- Siwan ====================================================== Ajay Kumar @Ajay Kumar Sah SON OF KAMESHWAR SAH VILLAGEGOPALPUR, PS- BANIYARPUR, DIST- SARAN ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
BEAUTY KUMARI @ BEAUTY DEVI DAUGHTER OF SHIVDAYAL SAH VILLAGE- MAKHAN TOLA, SIMRI BAKHTIYARPUR, PSBAKHTIYARPUR, DIST- SAHARSA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Randhir Kumar, Advocate For the State :
Ms. Shaheen Begum, APP For Opposite Party No.2 :
Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-01-2025 Heard learned counsels for the parties.
2. The petitioner, husband of the informant/Opposite Party No. 2, apprehends his arrest in a case registered for the offence punishable under Sections 323, 406 and 498A 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 informant/Opposite Party No. 2.
Patna High Court CR. MISC. No.37857 of 2024(4) dt.15-01-2025 2/3
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 informant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight 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 S.D.J.M., Siwan, in connection with Maharajganj P.S. Case No. 166 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Informant/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 informant/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
Patna High Court CR. MISC. No.37857 of 2024(4) dt.15-01-2025 3/3 connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) shashank/- U T