Santosh Sao @ Santosh Kumar Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55815 of 2024 Arising Out of PS. Case No.-151 Year-2023 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Santosh Sao @ Santosh Kumar Sao son of Bhuneshwar Sao Village- Helarpur Ps- Kinjar Dist- Arwal A/P- Odiyapara Gali Sanatan Mistri Lane, W.No63/64, Howrah Ps- Golawari Dist- Howrah W.B ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Tara Devi wife of Santosh Sao @ Santosh Kumar Sao, D/o- Late Ram Bali Sao Village- Helarpur Ps- Kinjar Dist- Arwal A/P- Samanpur Bado PsKinjar Dist- Arwal ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sunil Kumar, Advocate For the State :
Mr. Umeshanand Pandit, APP For Opposite Party No.2 :
Mr. Mukesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2025 Heard learned counsels for the parties.
2. Earlier, the matter was referred to Mediation Centre, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag 'X').
3.
The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code.
4. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.
Patna High Court CR. MISC. No.55815 of 2024(4) dt.07-01-2025 2/3
5. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to complainant/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 rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight 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 Chief Judicial Magistrate, Arwal, in connection with Complaint Case No. 151 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions: "(A.) Complainant/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.
(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the
Patna High Court CR. MISC. No.55815 of 2024(4) dt.07-01-2025 3/3 maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (D.) 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) shashank/- U T