Shashi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42448 of 2022 Arising Out of PS. Case No.-214 Year-2021 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== SHASHI YADAV S/o Hiralal Yadav R/o village- Balhi Math, P.S.- Khampar, District- Deoria, Presently residing at Mahaveer Reach Apartment, Flat No. 206, AGB Layout, Hasar Gahta Main Road, Chick Gorabara, Bengluru ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuradha Devi D/o Mahesh Yadav, W/o Shashi Yadav Presently Resident of Village- Malpura, P.S.- Kateya, District- Gopalganj, Presently residing in Delhi Along with her parents at an Unknown Address ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. M. P. Dixit, Advocate Mr. S. K. Dixit, Advocate Mr. S. K. Chaubey, Advocate Mrs. Swastika, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-04-2023 Heard learned counsels for the petitioner, the State and opposite party No.2.

The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 498A and 406 of the Indian Penal Code.

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.

In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.42448 of 2022(5) dt.03-04-2023 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- 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 Judicial Magistrate, 1st Class, Gopalganj in Complaint Case No. 214 of 2021, 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) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.42448 of 2022(5) dt.03-04-2023 3/3 reason, his/her bail bond shall be cancelled by the Court below.

(5) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(6) 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