Patna High CourtCR. MISC./40663/2024bail granted

Uttam Yadav @Uttam Kumar Yadav v. The State Of Bihar

2024-11-29Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40663 of 2024 Arising Out of PS. Case No.-1205 Year-2022 Thana- DANAPUR District- Patna ====================================================== Uttam Yadav @Uttam Kumar Yadav S/O Late Uday Shankar Yadav Near Devi Chouraha, Naya Tola Saguna, Danapur-Cum-Khagaul,P.S. Danapur, District-Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Manisha Rai D/O Late Ram Prasad Yadav R/O Gol Garh Park Road, P.S. Gandhi Maidan, District-Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhumay Madhup For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-11-2024 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A, 323, 354 and 504 of the Indian Penal Code.

3. Mediator's report dated 25.11.2024 reveals that in spite of efforts, dispute between the parties could not be resolved through process of mediation. However, it is submitted by 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

Patna High Court CR. MISC. No.40663 of 2024(4) dt.29-11-2024 2/3 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. 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 Additional Chief Judicial Magistrate at Danapur, Patna in Danapur P.S. Case No. 1205 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:- (i) Opposite party no.2. 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.2.

(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

Patna High Court CR. MISC. No.40663 of 2024(4) dt.29-11-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Prakash/- U