Saket Mittal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49045 of 2022 Arising Out of PS. Case No.-695 Year-2021 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== SAKET MITTAL Son of Late Tejpal Parsuram Puriya Resident of mohalla Main Road Sri Janki Ayurfved Store, Sitamarhi, P.S.- Town, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priyanka Goyanka Wife of Saket Mittal Daughter of Raj Kumar Goyanka, At present resident of Mohalla Bara Bazar, P.S.- Town, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Atul Chandra Mr.Raja Ram Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the parties.

The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month, to complainant/O.P.-2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of

Patna High Court CR. MISC. No.49045 of 2022(5) dt.01-05-2023 2/2 Rs. 3,000/- (three thousand) per month to complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 Judicial Magistrate 1st Class, Darbhanga in connection with Complaint Case No. 695 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(1.) Complainant/O.P.-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 complainant/O.P.-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 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) anay/- U T