Prashant Dubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37839 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Prashant Dubey S/O Akhileshwar Dubey R/O Village- Karnaamepur, Ps. Shahpur, Dist. Bhojpur, Bihar ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Bihari Tiwary, Advocate For the Opposite Party/s :
Mr.Atul Chandra, Addl Public Prosecutor Mr. M. Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner, the State and the informant.
The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A/363 and other allied sections of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-per month, starting from this month to the informant's daughter Puja Kumari. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- 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 satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara in
Patna High Court CR. MISC. No.37839 of 2023(2) dt.07-07-2023 2/2 Udwantnagar Police Station Case No. 541 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) Informant's daughter Puja Kumari would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant's daughter Puja Kumari.
(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) Shashi U T