Mukesh Kumar Mahto @ Mukesh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46040 of 2024 Arising Out of PS. Case No.-1110 Year-2023 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Mukesh Kumar Mahto @ Mukesh Kumar Prasad Son of Shri Sukhdev Prasad @ Sukhdev Mahto Resident of Machhauta Daronda, P.S.- Daraundha, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanju Devi Wife of Mukesh Kr. Mahto D/o Lalbahadur Mahto, R/o Vill.- Sisai, Kalitola, P.S.- Gariyakothi, Dist.- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Piyush Singh, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP For OP 2 :

Arvind Kumar , Advocate Akshay Lal Pandit , Advocate Rajesh Kumar , Advocate Sanjay Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2024 1 . 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 498 (A) of the Indian Penal Code . 3 . Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46040 of 2024(3) dt.05-09-2024 2/3 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/- per month, in the event of arrest/surrender within a period of eight 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 learned JM - I Siwan in connection with complaint Case No. 1110 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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.

Patna High Court CR. MISC. No.46040 of 2024(3) dt.05-09-2024 3/3

(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) Koushik/- U T