Patna High CourtCR. MISC./78510/2023bail granted

Om Shankar Kumar v. The State Of Bihar

2024-07-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78510 of 2023 Arising Out of PS. Case No.-1013 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== Om Shankar Kumar S/O Raj Kumar Yadav R/o vill - Atiya, P.S. - Magadh University, Distt. - Gaya ... ... Petitioner/s

Versus

The State Of Bihar 2.

Anjali Kumari W/o Om Shankar Kumar, D/o Pradeep Yadav R/o vill - Atiya, P.S. - Magadh University, Distt. - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Ms.Shaheen Begum Mr.Deepak Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

2. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 341,323,498-A,307,504,506,34 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act.

3. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

4. 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.

Patna High Court CR. MISC. No.78510 of 2023(5) dt.09-07-2024 2/2

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 C.J.M., Gaya in connection with Complaint Case No. 1013 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) anay U T