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Patna High CourtCR. MISC./68743/2023bail granted

Amarjeet Baitha v. The State Of Bihar

2024-05-07Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68743 of 2023 Arising Out of PS. Case No.-499 Year-2020 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Amarjeet Baitha S/O- Sogarth Baitha Village- Bharathi Ps- Simri DistDarbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Devi wife of Amarjeet Baitha Village- Brahampur Ps- Kamtaul DistDarbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Baidya Nath Prasad, Advocate For the State :

Mr. Umeshanand Pandit,APP For the O.P.-2 :

Mr. Kumar Praveen, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard learned counsel for the petitioner, Sri Umeshanand Pandit, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

2. The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence under Sections 498-A and 406 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

3. Earlier, vide order dated 01.11.2023 passed by a coordinate Bench of this Court, the petitioner was extended the privilege of provisional bail, in view of submission made on behalf of petitioner that he is willing to restore his conjugal life with the opposite party no. 2 and for this purpose, he is ready

Patna High Court CR. MISC. No.68743 of 2023(3) dt.07-05-2024 2/3 to visit the parental house of opposite party no. 2 to bring her back to the matrimonial home and live with her with full dignity and care.

4. However, learned counsel for the opposite party no. 2 submits that in spite of undertaking given on behalf of petitioner, the petitioner did not take any step to take back opposite party no. 2 to her matrimonial home.

5. In response thereto, 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 fact that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month to the opposite party no. 2, the provisional bail granted to the petitioner, vide order dated 01.11.2023, is hereby confirmed, subject to following conditions:- "(A) 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.

(B) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party No. 2.

(C) In case, the petitioner fails to deposit the

Patna High Court CR. MISC. No.68743 of 2023(3) dt.07-05-2024 3/3 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