Shubham Kumar Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41406 of 2024 Arising Out of PS. Case No.-602 Year-2023 Thana- KADAMKUAN District- Patna ====================================================== SHUBHAM KUMAR NAYAK SON OF GANGA RAM NAYAK RESIDENT OF VILLAGE - DANTU, P.S. - KASMAR, DISTRICT - BOKARO (JHARKHAND) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Anand For the Opposite Party/s :
Mr.Rajesh 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 and 34 of the Indian Penal Code and Sections 3⁄4 of the DP Act.
3. It is submitted by learned counsel for the parties 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. 10,000/-per month, starting from this month to the opposite party no.2.
Patna High Court CR. MISC. No.41406 of 2024(4) dt.29-11-2024 2/3
4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 10,000/- 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 J.M.F.C-XIV, Patna in Kadamkuan P.S. Case No. 602 of 2023, 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
Patna High Court CR. MISC. No.41406 of 2024(4) dt.29-11-2024 3/3 parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Prakash/- U