Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45037 of 2025 Arising Out of PS. Case No.-570 Year-2023 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Deepak Kumar S/o- Naresh Sav Resident of village- Jhaphiya Tand, Khadiha, P.S.- Naudhiha, Dist- Palamu (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Madhu Kumari W/o- Deepak Kumar Resident of village- Jhaphiya Tand, Khadiha, P.S.- Naudhiha, Dist- Palamu (Jharkhand), A/P- Karma Bhagwan Ps- Muffassil Dist- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Complaint Case No. 570 of 2023 registered for the offence under Sections 323, 341, 379, 498A, 504, 506 of the Indian Penal Code and under Section 3 and 4 of the D.P. Act, 1961.

3. It has been submitted by the learned counsel for the petitioner that the petitioner was earlier granted anticipatory bail in connection with Aurangabad Complaint Case No. 570 of 2023 vide order dated 9.9.2024 passed in Cr. Misc. No. 46593 of 2024 subject to the condition that he will start paying maintenance of Rs. 4,000/- per month to the opposite party no.

Patna High Court CR. MISC. No.45037 of 2025(2) dt.30-07-2025 2/3 02 but the petitioner could not pay the maintenance amount therefore he has been taken into custody.

4. The petitioner is in jail since 24.04.2025.

5. Considering the fact that the petitioner was granted anticipatory bail with a direction to pay Rs. 4000/- per months as maintenance, this application is allowed.

6. Let the petitioner, above named, be released 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 Judicial Magistrate, 1st Class, Aurangabad/concerned Court below in connection with Aurangabad Complaint Case No. 570 of 2023, subject to the condition that the bailors should be close relative of the petitioner.

7. The petitioner is directed to start paying the maintenance amount to his wife as per the direction of this Court in the order dated 9.9.2024 passed in Cr. Misc. No. 46593 of 2024.

8. At the time of furnishing the bail bonds, the petitioner will deposit the current maintenance of Rs. 4000/- and thereafter he will regularly pay the maintenance amount. The arrears of maintenance amount shall also be paid by the petitioner within the next six months.

Patna High Court CR. MISC. No.45037 of 2025(2) dt.30-07-2025 3/3

9. It has also been submitted by the learned counsel for the petitioner that a maintenance amount of Rs. 10,000/- has also been fixed by the Family Court and the petitioner proposes to challenge the same in appeal, the maintenance of Rs. 4000/- is subject to final outcome of the appeal of the maintenance order passed by the Family Court concerned.

10. It is made clear that any failure to pay the maintenance will result in automatic cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) Vikas/- U