Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37072 of 2023 Arising Out of PS. Case No.-568 Year-2022 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== BITTU KUMAR SON OF MAHANAND SHARMA @ MAHANAND MISHTRI RESIDENT OF VILLAGE PACHGACHHIA, P.S. - GOPALPUR (IN COMPLAINT P.S. WRONGLY WRITTEN AS NAVGACHIA), DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

GUNJA KUMARI WIFE OF BITTU KUMAR DAUGHTER OF ABHINANDAN MISTRI, RESIDENT OF VILLAGE - PACHGACHHIA, P.S. - GOPALPUR, DISTRICT - BHAGALPUR, PRESENTLY RESIDING AT PIPRA, WARD NO.5, P.S. CHAUTHAM, P.O. - CHAUTHAM, DISTRICT - KHAGARIA, PIN - 851201 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, A.P.P.

Mr. Praveen Kumar Agrawal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2023 Heard learned counsel for the parties.

2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 307 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 2500/- 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. 2500/- (two thousand five hundred) per month to

Patna High Court CR. MISC. No.37072 of 2023(3) dt.18-09-2023 2/2 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 Sub-Divisional Judicial Magistrate, Khagaria in connection with Complaint Case No. 568C of 2022, 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.

(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) Navya/- U T