Sanjay Kumar @ Sanjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64911 of 2023 Arising Out of PS. Case No.-81 Year-2020 Thana- MAHILA PS District- Buxar ====================================================== Sanjay Kumar @ Sanjay Kumar Singh Son of Sunil Singh R/o Kansari, P.S. - Gaurichak, Distt. - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Munni Devi W/o Sanjay Kumar Singh, D/o Satendra Narayan Singh R/o Mohalla - Vir Kuar Singh Colony (near Mahavir Mandir), P.S. - Buxar, Distt. - Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ankit Raj, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP Mr. Arvind Kumar Pradhan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 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 'A').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Opposite Party No. 2.

3. The petitioner apprehends his arrest in connection with Buxar (Mahila) P.S. Case No. 81 of 2020 offences punishable under Sections 341, 323, 504, 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

Patna High Court CR. MISC. No.64911 of 2023(4) dt.28-08-2024 2/3 no. 2. 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. Learned counsel for the Opposite Party No. 2 does not dispute the contention made on behalf of the petitioner.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three 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 Chief Judicial Magistrate, Buxar in connection with Buxar (Mahila) P.S. Case No. 81 of 2020, 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

Patna High Court CR. MISC. No.64911 of 2023(4) dt.28-08-2024 3/3 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 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