Saurav Trivedi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57574 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== Saurav Trivedi son of Late Vijay Kumar Trivedi Village- Jainta Po- Jaintadih Ps- Gaighat Dist- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rashmi Rani D/o- Ravikant Singh Village- Khulas Ps- Jamabazar DistSiwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mithilesh Kumar Rai, Adv.
For the State :
Mr. Nand Kumar, APP For the O.P. No. 2 :
Mr. Shanti Bhushan Singh, Adv.
Mr. Rohit Kumar Sharma, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2024 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 'C').
2. Heard the parties.
3. The petitioner apprehends his arrest in connection with Gaighat P.S. Case No. 422 of 2022 registered under Sections 341, 323, 498A, 34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. The petitioner offers and undertakes that he is ready to
Patna High Court CR. MISC. No.57574 of 2023(6) dt.16-05-2024 2/3 give maintenance amount of Rs. 5,000/- 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 amount of Rs. 5,000/- (five thousand) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate-I, Muzaffarpur (East) in connection with Gaighat P.S. Case No. 422 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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.
(iv) The aforementioned payment will be subject to any
Patna High Court CR. MISC. No.57574 of 2023(6) dt.16-05-2024 3/3 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) utkarsh/- U T