Nitesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43594 of 2022 Arising Out of PS. Case No.-646 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Nitesh Gupta Son Of Brijlal Gupta @ Brijlal Madheshiya @ Brijlal Gupta Madheshiya Resident Of- Khora, Bara Dixit, P.S.- Barhaj, District- Deoria (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pooja Kumari Gupta Wife Of Nitesh Gupta, D/O- Jagarnath Prasad Gupta Resident Of- Mubrakganj, Sasaram, Ward No.-25, P.S.- Sasaram Town, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Fahimuddin For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the parties.

2. The petitioner, husband of Opposite Party No. 2 apprehends his arrest in Complaint Case No. 646 of 2019 registered for the offence under Section 498(A) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) 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. 3,000/- (three thousand) per month, in the event

Patna High Court CR. MISC. No.43594 of 2022(3) dt.08-09-2023 2/2 of arrest/surrender within a period of six weeks from today, let the petitioner above-named 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 learned Judicial Magistrate Ist Class, Sasaram, Rohtas in connection with Complaint Case No. 646 of 2019, 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.

(4.) Petitioner shall cooperate 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 absence on two consecutive dates without sufficient reason, his 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.

5. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) vinita/- U T