Ram Lakhan Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57744 of 2023 Arising Out of PS. Case No.-143 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Ram Lakhan Mukhiya Son Of Ram Bharos Mukhiya Resident Of VillageKanthudih, Ps- Bahera, Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi Wife Of Ram Lakhan Mukhiya Resident Of Village- Ganaun, PsGanshyampur, Distt- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Bharat Bhushan Mr.Girish Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opp. party no. 2.

2. The petitioner who is husband of opposite party No. 2, apprehends his arrest in a complaint case punishable for the offences under Section 498A of the Indian Penal Code.

3. Petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- 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

Patna High Court CR. MISC. No.57744 of 2023(3) dt.07-05-2024 2/2 amount of Rs. 3,000/- (three 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 learned S.D.J.M., Benipur, District - Darbhanga / concerned court in connection with Complaint Case No. 143 of 2022, 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 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