Manoj Kumar Yadav @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68747 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- MAHILA P.S. District- Siwan ====================================================== MANOJ KUMAR YADAV @ MANOJ KUMAR Son Of Bachcha Lal Yadav Vill-Pakwaliya, Ps- Barhariya Dist-Siwan At Present- House No.36 Dotalla High School Sayal, Jainagar Ps-Patratu Bhurkunda O.P. Dist-Ramgarh Jharkhand ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
JENU KUMARI Daughter Of Late Babu Chaudhary Vill-Ashapur PsBarhariya Dist-Siwan ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bhaskar Shankar, Advocate For the State :
Mr. Amitesh Kumar, APP For Opposite Party No.2 :
Mr. Satyendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsels for the parties.
2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in Siwan Mahila P.S. Case No. 17 of 2022 registered for the offence punishable under Sections 498A, 341, 323, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 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. 3,000/- (three thousand rupees) per month, starting from this month, to
Patna High Court CR. MISC. No.68747 of 2023(3) dt.27-02-2024 2/2 informant/O.P.-2.
5. 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 rupees) 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 S.D.J.M., Siwan, in connection with Siwan Mahila P.S. Case No. 17 of 2022, 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) shashank/- U T