Bhrigu Kumar @ Bhirgu Kr v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49422 of 2023 Arising Out of PS. Case No.-231 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== BHRIGU KUMAR @ BHIRGU KR Son of Late Vimal Singh Resident of Village-Kabuli Ram, Ward No. 2, Police Station-Vangra, District-Samastipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SHRUTI KUMARI D/o Ranjeet Kumar Thakur R/o Village-Rahua West, Ward No. 2, Warishnagar, District-Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabindra Kumar Priyadarshi , Advocate For the Opposite Party/s :
Mr. Kalyan Shankar , APP For O . P . No. 2 :
Mr. Barj Kishore Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.
2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 341 , 323 , 498 (A) , 504 and 506 of the Indian Penal Code and Section 3⁄4 of D P Act. 3 . 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
Patna High Court CR. MISC. No.49422 of 2023(5) dt.13-12-2023 2/3 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. 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 the learned S. D. J . M., Samastipur in connection with Complaint Case No. 231 of 2022 , , 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 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) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected
Patna High Court CR. MISC. No.49422 of 2023(5) dt.13-12-2023 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Koushik/- U T