Subodh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57082 of 2023 Arising Out of PS. Case No.-314 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Subodh Kumar Singh S/O Thakur Singh R/O Village- Sadhwa, Ps. Gopalpur (Rangra), Dist. Bhagalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sushmita Sahni D/O Raj Kumar Sahni R/O Village- Bahtra, Ps. Parwatta, Dist. Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

Mr. Ajay Mukherjee, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Earlier, vide order dated 11.10.2023, the matter was referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator's Report dated 19.01.2024, the mediation has failed.

2. Heard learned counsel for the parties.

3. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506, 379/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give

Patna High Court CR. MISC. No.57082 of 2023(4) dt.01-07-2024 2/3 maintenance amount of Rs. 5000/- per month, starting from this month, to opposite party No. 2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- (five thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the 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 Additional Chief Judicial Magistrate-III, Naugachia, Bhagalpur in connection with Gopalpur (Rangra) P. S. Case No. 314 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 savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings 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

Patna High Court CR. MISC. No.57082 of 2023(4) dt.01-07-2024 3/3 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) Navya/- U T