Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37200 of 2023 Arising Out of PS. Case No.-2584 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHANDAN KUMAR Son of Muneshwar Singh @ Karu Singh Resident of village - Painapur, P.S. - Naubatpur, Distt. - Patna ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Sarita Kumari Wife of Chandan Kumar Resident of village - Painapur, P.S. - Naubatpur, Distt. - Patna. At present daughter of Hira Lal Singh, I.A.S. Colony, Nandlal Chapara, Kachhuara Road, Near Jay Mohan Baba Ashram, P.S. - Ramkrishna Nager, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar No.1 For the Opposite Party/s :
Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the parties.
2. The petitioner, husband of the complainant/O.P-2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A), 323, 313, 344, 379, 494, 467, 504, 506/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act, 1961.
3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P2 due to non-fulfillment 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) per month, starting from this month, to complainant/O.P.-2.
Patna High Court CR. MISC. No.37200 of 2023(3) dt.08-09-2023 2/2
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 complainant/O.P-2, in the event of arrest/surrender within a period of six 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 Chief Judicial Magistrate, Patna / concerned court in connections with Complaint Case No. 2584C/2021, subject to condition as laid down under Section 438(2) of Cr.PC. with further following conditions:
"(A.) Complainant/O.P-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 complainant/O.P.-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 connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise." (Prabhat Kumar Singh, J) sanjeev/- U T