Nitish Kedia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59038 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- SHASTRINAGAR District- Patna ====================================================== NITISH KEDIA Son of Sri Nand Kishore Kedia Resident of Piska More, Devi Mandap, Ojha Market, P.S. - Pandra, District - Ranchi (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shalini Daughter of Satyendra Kumar Gupta Resident of 99, Silver Residency, Flat No. G- 2, 4th Cross, New Bel Road, Bangaluru, Karnataka, Pin Code- 560054.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shri Prakash Srivastava, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 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 498 (A) and 34 of the Indian Penal Code and 3⁄4 of the 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.59038 of 2021(4) dt.19-09-2023 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 learned Additional Chief Judicial Magistrate IVth , Patna the in connection with Shastri Nagar Police Station Case No. 398 of 2020 , 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

Patna High Court CR. MISC. No.59038 of 2021(4) dt.19-09-2023 3/3 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) Kaushik/- U T