Shailesh Yadav @ Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44842 of 2023 Arising Out of PS. Case No.-200 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Shailesh Yadav @ Shailesh Kumar son of Late Vishun Yadav Village- Bakhari Ps- Akbarpur Dist- Nawada ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sita Devi wife of Shailesh Yadav @ Shailesh Kumar, D/o- Punit Yadav At Present R/o- Baijnathpur Ps- Sirdala Dist- Nawada ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Ms.Gulnar Begum Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Earlier, the matter was referred to Mediation Centre, vide order dated 10.01.2024, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report at flag 'M').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party No. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 323, 370, 307, 498(A) read with Section 34 of the Indian Penal Code.

4. Petitioner is alleged to have committed torture and

Patna High Court CR. MISC. No.44842 of 2023(5) dt.08-05-2024 2/3 harassment to opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party No. 2.

6. 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 to the opposite party No. 2, in the event of arrest/surrender within a period of 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 J.M. 1st Class, Nawada in connection with Complaint Case No. 200 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

Patna High Court CR. MISC. No.44842 of 2023(5) dt.08-05-2024 3/3 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) anay U T