Sunil Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70652 of 2023 Arising Out of PS. Case No.-585 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Sunil Jaiswal S/O Late Ganesh Sah @ Ganesh Prasad R/O VillageNarkatiyaganj, Purani Bazar, P.S- Shikarpur, Distt.- West Champaran (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Durga Kumari W/O Sunil Jaiswal, D/O Kashi Parsad R/O VillageNarkatiaganj, Purani Bazar, P.S- Shikarpur, Distt.- West Champaran At Present Resident At Village- Patilar, Mauza- Tola, P.S- Chautarwa, Distt.- West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suresh Prasad Sharma For the Opposite Party/s :

Mr. Chandra Bhushan Prasad Mr. Milind Kumar Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-08-2024 Pursuant to order of this Court, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report kept at flag 'M').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 323, 341, 498(A), 504 of the Indian

Patna High Court CR. MISC. No.70652 of 2023(5) dt.14-08-2024 2/3 Penal Code.

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

5. 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.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees 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 Additional Sessions Judge - III, Bagaha, West Champaran / concerned Court in connection with Complaint Case No. 585 of 2022, Tr. No. 2133 of 2023, 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.

Patna High Court CR. MISC. No.70652 of 2023(5) dt.14-08-2024 3/3

(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