Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65991 of 2023 Arising Out of PS. Case No.-48 Year-2021 Thana- MAHILA PS District- Gaya ====================================================== Bhola Kumar Son of Mithlesh Yadav Resident of Village- Behind Govt. Hospital, Obra, Ps- Obra, Dist- Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Neha Kumari Daughter of Mahindra Prasad Resident of Village- Chhatarpur, Ps- Chhatarpur, Dist- Palamu , Jharkhand ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar Mr.Prabhat Kumar Dipak ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsel for the parties.

2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in a case registered for the offence under Sections 498A, 354D, 504, 506 and 34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

3. As per prosecution case, this petitioner is alleged to have committed torture and harassment with the informant/O.P.- 2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, starting from this month, to informant/O.P.-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.65991 of 2023(3) dt.27-02-2024 2/2 amount of Rs. 5,000/- (five thousand) per month to informant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 J.M. 1st Class, Gaya / concerned court in connection with Mahila (Gaya) P.S. Case No. 48 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Informant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/O.P.-2.

(C.) 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.

(D.) 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