Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73175 of 2023 Arising Out of PS. Case No.-659 Year-2023 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== CHANDAN KUMAR Son Of Late Nanu Lal Ram Resident Of Village - Kanauji Kachhuara, Ps- Gopalpur, Distt- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
AMRITA KUMARI Wife Of Chandan Kumar Resident Of Village - Khemani Chak, Ps- Ramkrishna Nagar, Dist- Patna Permanent Add- Balthan Hakikatpur, Ps- Bakhtiyarpur, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Mohan, Advocate For the State :
Mr. Brajendra Nath Pandey, APP For Opposite Party No.2 :
Ms. Usha Kumari Singh, Advocate Ms. Sunidhi Vimal, Advocate Mr. Sanjay Kr. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsels for the parties.
2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Complaint Case No. 659/C of 2023 registered for the offence punishable under Sections 341, 323, 325, 498A, and 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.
Patna High Court CR. MISC. No.73175 of 2023(3) dt.29-02-2024 2/3
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 complainant/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 complainant/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., Patna, in connection with Complaint Case No. 659/C/2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/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 complainant/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
Patna High Court CR. MISC. No.73175 of 2023(3) dt.29-02-2024 3/3 otherwise."
(Prabhat Kumar Singh, J) shashank/- U T