Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75168 of 2022 Arising Out of PS. Case No.-584 Year-2021 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== MUKESH KUMAR Son of Ram Sewak Rauat R/V- Fatki Malpatola, P.SMadhey Pur, Dist- Madhubani, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Soni Kumari Wife of Mukesh Kumar , D/o Late Upendra Prasad Presently residing at village- Makranda, P.S- Manigachee, Dist- Darbhanga, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Mohammed Arif, A.P.P.

For the Informant :

Mr. Vinay Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-07-2023 Heard learned counsels for the petitioner, the State and opposite party No.2.

The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 2500/- per month, starting from this month, to opposite party No. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2500/- 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

Patna High Court CR. MISC. No.75168 of 2022(3) dt.07-07-2023 2/2 thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Darbhanga in connection with Complaint Case No. 584 of 2021, 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 savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings 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 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) Navya/- U T