Harish Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38750 of 2023 Arising Out of PS. Case No.-744 Year-2020 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== HARISH SAH S/O GAURI SHANKAR SAH Village- Karpaliya PoMustafabad Ps- goreyakothi Dist- Siwan ... ... Petitioner

Versus

1.

The State of Bihar 2.

Priyanka Devi wife of Harish Sah, D/o- Late Jagdish Sah Village- Karpaliya Po- Mustafabad Ps- Goreyakothi Dist- Siwan, At Present Village and PoHariharpur Kala Ps- Jamo Bazar Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary, Advocate For the State :

Dr. Indiwar Kumari, Addl Public Prosecutor for opposite party no.2 Mr Harish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2023 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/406/34 and other allied sections of the Indian Penal Code and Sections 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 the 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/- 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

Patna High Court CR. MISC. No.38750 of 2023(3) dt.21-09-2023 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIII, Siwan in Complaint Case No. 744 of 2020, 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 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Shashi U T