Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2595 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- AANDAR District- Siwan ====================================================== ARVIND RAI S/o Jairam Rai R/o village- Nadiyaon, P.S. - Ander (M.H. Nagar), District- Siwan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Muskan Rai W/o Arvind Rai R/o village - Nadiyaon, P.S. - Ander (M.H. Nagar), District- Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498(A)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner and learned counsel for the informant have jointly submitted that the matter was referred for mediation but the same failed.

Learned counsel for the petitioner submits that petitioner being the husband has been falsely implicated in the present case but then he is willing to pay the monthly maintenance of Rs.8,000/- to the informant till the matter is not

Patna High Court CR. MISC. No.2595 of 2022(10) dt.26-06-2023 2/3 finally adjudicated in trial or the Court of competent jurisdiction fixes the maintenance.

Learned counsel for the informant on instruction accepts the submission of the learned counsel for the petitioner. Learned counsel for the informant further submits that he will Whatsapp the bank account number of the informant on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance as agreed commences from 10th July, 2023. Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ander M.H. Nagar P.S. Case No. 98 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, in the event, if the petitioner as agreed does not pay the monthly maintenance to the informant for two

Patna High Court CR. MISC. No.2595 of 2022(10) dt.26-06-2023 3/3 consecutive months, the informant shall be at liberty to file an application seeking cancellation of the bail bonds granted to the petitioner before this Court.

(Satyavrat Verma, J) Kundan/- U T