Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49171 of 2024 Arising Out of PS. Case No.-1841 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Prakash Kumar S/O Late Arjun Mahto R/O Mohalla- Postal Park, Budh Nagar, Road No. 1, P.S- Kankarbagh, Distt.- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Punam Kumari W/O Prakash Kumar R/O C/O- Akhilesh Prasad, VillageTajpur, Post- Tilkai, P.S- Vishunganj, Jehanabad. Aslo At Postal Park, Budh Nagar, Road No. 1, P.S- Kankarbagh, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok, Adv.
For the Opposite Party/s :
Ms. Gulnar Begum, APP Mr. Sanjay Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Opposite Party No. 2.
2. The petitioner apprehends his arrest in connection with Complaint Case No. 1841(C) of 2023 offences punishable under Section 498A and 504 of the Indian Penal Code.
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. 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.
Patna High Court CR. MISC. No.49171 of 2024(2) dt.07-08-2024 2/3
4. Learned counsel for the Opposite Party No. 2 does not dispute the contention made on behalf of the petitioner.
5. 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 or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Patna in connection with Complaint Case No. 1841(C) of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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.
(iv) The aforementioned payment will be subject to any
Patna High Court CR. MISC. No.49171 of 2024(2) dt.07-08-2024 3/3 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) utkarsh/- U T