Sujit Kumar @ Sujeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69307 of 2023 Arising Out of PS. Case No.-4356 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sujit Kumar @ Sujeet Kumar Son of Sh Sadanand Mehta R/o vill and Post - Murli Basantpur, P.S. - Bangaon, Distt. - Saharsa ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Harshita Wife of sujit Kumar @ Sujeet Kumar, D/o Dwarika Prasad R/o Flat No. 303, Holy Ganga Enclave, DighaGhat, P.S. - Digha, Distt. - Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saket Tiwary, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, APP For O . P . No. 2 :
Surya Prakash Singh, Advocate Anand Prakash, Advocate Pushpendra Priyedarshi , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.
2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A) of the Indian Penal Code. 3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-per month, starting from this
Patna High Court CR. MISC. No.69307 of 2023(3) dt.27-02-2024 2/3 month, to opposite party no. 2.
4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 the learned Sub Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 4356(C) of 2019, 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 saving bank account number for its communication to the petitioner.
(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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
Patna High Court CR. MISC. No.69307 of 2023(3) dt.27-02-2024 3/3 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) Koushik/- U T