Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54416 of 2024 Arising Out of PS. Case No.-2102 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== Mithilesh Kumar Yadav Son of Umesh Chandra Yadav R/O Vill.- Dighri, P.s.- Korha, Dist.- Katihar ... ... Petitioner

Versus

1.

The State Of Bihar 2.

Juli Kumari Wife of Mithilesh Kr. Yadav R/o Vil.- Rahika Tola, Ward no. 17, Araria, P.o. and P.s.- Araria, Dist.- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md Musowir, Advocate For the Opposite Party/s :

Mr.Md. Nazir Ansari, A.P.P.

Mr. SK Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-02-2025 Heard learned counsel for the petitioner, the State and opposite party no.2.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 498A, 379/34 of the Indian Penal Code.

3. As per the prosecution case, opposite party no.2 was married to the petitioner on 12.3.2012. Thereafter, petitioner and his family members started demanding dowry and committed torture for non-fulfilment of demand of dowry. Lastly, they ousted her from the matrimonial house.

4. Petitioner is husband of opposite party no.2 and he denies the allegations. Petitioner has also filed Matrimonial Case No. 109 of 2016 for restitution of conjugal rights.

5. Learned counsel for the opposite party no.2 refers to order dated 9.4.2021, passed by the Family Court, Araria in which petitioner has been ordered to pay Rs.4000/- per month as maintenance to opposite party no.2, Rs. 1000/- each to minor son and daughter from the date of filing of this petition.

Patna High Court CR. MISC. No.54416 of 2024(8) dt.13-02-2025 2/2 Petitioner has not given any maintenance to opposite party no.2 till date.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within eight weeks from today, let the petitioner, mentioned above, 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 Sub Divisional Judicial Magistrate, Araria in CA Case No. 2102C/2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on following conditions:- (i) Petitioner is directed to pay the entire arrears of the maintenance amount to opposite party no.2. At the time of furnishing bail bond, Rs. 1.5 lacs shall be credited by the petitioner in the bank account of opposite party no.2 and receipt to this effect shall be submitted with the bail bonds. (ii) Rest amount of arrears of maintenance shall be credited to the bank account of opposite party no.2 in four equal instalments within six months thereafter.

(iii) Henceforth, petitioner shall regularly be paying the monthly maintenance amount to opposite party no.2 in her bank account.

6. If the petitioner fails to comply with the aforesaid direction of this court, the court below shall be at liberty to cancel the bail bonds of the petitioner.

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