Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35104 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== PINTU KUMAR Son of Arjun Jha Resident of Village- Rampur Sinday, PSBarbigha, District- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bhupendra Kumar @ Dipak Kumar Son of Late Sudhir Chandra Sharma Resident of Village- Barsa, PS- Ariyari, District- Sheikhpura 3.

Divya Devi @ Lovely Kumari Daughter of Bhupendra Kumar @ Dipak Kumar At present resident of Village- Barsa, PS- Ariyari, DistrictSheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil, Advocate For the State :

Mr.Murli Dhar, Addl Public Prosecutor for opposite party no.2 and 3 Ms/Mrs. Sarita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the parties.

2. The petitioner, who is husband of opposite party no.3, apprehends arrest in a case registered for the offence punishable under Sections 365, 498A/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month to the opposite party no.3.

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

Patna High Court CR. MISC. No.35104 of 2023(3) dt.13-12-2023 2/2 satisfaction of the Chief Judicial Magistrate, Sheikhpura in Barbigha Mission OP) Police Station Case No. 04 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- (i) Opposite party no.3. would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.3.

(iii) 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. (iv) 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