Prem Sagar Goshwami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41871 of 2023 Arising Out of PS. Case No.-93 Year-2020 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== PREM SAGAR GOSHWAMI Son of Brijraj Goshwami Resident of village - Jamurkha, Post - Kamalpur, P.S. - Dhina, Distt. - Chandauli (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Goswami Wife of Prem Sagar Goshwami Resident of villageJamurkha, Post - Kamalpur, P.S. - Dhina, Distt. - Chandauli (U.P.). At present R/o village - Ghatao, Post - Fakrabad, P.S. - Kudra, Distt. - Kaimur at Bhabua ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhash, Advocate For the State :

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

For the O.P. No. 2 :

Mr. Ashutosh Tripathy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2023 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 offence punishable under Section 498(A) of the Indian Penal Code.

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.41871 of 2023(3) dt.25-09-2023 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 Judicial Magistrate, 1st Class, Kaimur at Bhabua in connection with Complaint Case No. 93 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:- '(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