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Patna High CourtCR. MISC./53991/2023bail granted

Neeraj Patel v. The State Of Bihar

2023-08-22Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53991 of 2023 Arising Out of PS. Case No.-668 Year-2021 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== NEERAJ PATEL S/O LATE PRAMOD PRASAD R/O MOHALLAGARHPAR, PS. BIHAR, DIST. NALANDA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRITI KUMARI W/O NEERAJ PATEL R/O MOHALLA- GARHPAR, WARD NO. 27, PS. BIHAR, DIST. NALANDA AS COMPLAINT PRESENT D/O UMESH PRASAD VILLAGE- KACHHARIYA, PS. CHANDI, DIST. NALANDA. PRESENTLY RESIDING C/O RAJESH KUMAR, BADI MANDIR ROAD PO AND PS.- BIHAR SHARIF DIST. NALANDA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2 Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 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. apprehends arrest in a case registered for the offence punishable under Sections 498 (A), 323, 341 , 498A and 34 of the Indian Penal Code.

3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-per month, starting from this

Patna High Court CR. MISC. No.53991 of 2023(2) dt.22-08-2023 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. 5000/- 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 C . J . M . Biharsharif Nalanda in connection with Complaint Case No. 668(C) of 2021 , 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.53991 of 2023(2) dt.22-08-2023 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

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