Patna High CourtCR. MISC./37508/2024bail granted

Sunil Paswan @ Sunil Kumar v. The State Of Bihar

2024-10-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37508 of 2024 Arising Out of PS. Case No.-559 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Sunil Paswan @ Sunil Kumar Son of Bale Paswan @ Vale Paswan Resident of Village- Hirni, P.S- Kasheshwar Asthan ,Dist- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar 2.

Ramday Devi Wife of Sunil Paswan @ Sunil Kumar Resident of VillageHirni, P.S- Kasheshwar Asthan, Dist- Darbhanga At Present Resident of Rahiyar, P.S- Hathauri, Dist- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Sinha,Adv.

For the Opposite Party/s :

Mr.Rabindra Kumar,APP Mr.Kundan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for complainant / opposite party no. 2.

2. The petitioner who is husband of complainant/opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 498(A), 494 of the Indian Penal Code.

3. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

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

Patna High Court CR. MISC. No.37508 of 2024(4) dt.07-10-2024 2/3 maintenance amount of Rs. 3,000/- 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. 3,000/- (three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six 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 learned J.M. 1st Class, Rosera, Distt. Samastipur/ concerned court in connection with Complaint Case No.559(C)/2015 , 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.

(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.

Patna High Court CR. MISC. No.37508 of 2024(4) dt.07-10-2024 3/3

(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) anay U T