Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42325 of 2023 Arising Out of PS. Case No.-4 Year-2023 Thana- MAHILA P.S. District- Munger ====================================================== MANOJ KUMAR Son of Suresh Prasad @ Suresh Tanti Resident of Village - Bari Daulatpur, Near Maszid, P.S.- Jamalpur, District - Munger at present residing at Babuaghat, P.S.- Kotwali, District - Munger. ... ... Petitioner/s
Versus
1. The State of Bihar
2. Sanju Devi W/o Manoj Kumar, R/v- Daulatpur, Jamalpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ugranath Mallik, Advocate For the State :
Mr. Mohammed Arif, A.P.P.
For the O.P. No. 2 :
Mr. Atul Dayal, 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 offences punishable under Section 498(A)/34 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. 3000/- 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. 3000/- (three thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of
Patna High Court CR. MISC. No.42325 of 2023(3) dt.25-09-2023 2/2 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 Sub-Divisional Judicial Magistrate, Munger in connection with Mahila P. S. Case No. 04 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:- '(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