Mukesh Kumar @Mukesh Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72943 of 2023 Arising Out of PS. Case No.-17 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== Mukesh Kumar @MUKESH Kumar Chouhan Son Of Shyam Bihari Chauhan Village- Hata , P.S-. Chainpur , District- Kaimur At Bhabua ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gangotri Kumari @ Gangotri Devi Wife Of Mukesh Kumar Village- Hata , P.S-. Chainpur , District- Kaimur At Bhabua At Present Reside With Her Father Namely Nanda Chauhan , Resident Of Village- Futharawa, PsNavinagar, Distt- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP Mr. Ashok Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-05-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 17 of 2022 registered under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. The petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting

Patna High Court CR. MISC. No.72943 of 2023(3) dt.06-05-2024 2/3 from this month, to opposite party no. 2.

4. 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) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Aurangabad in connection with Complaint Case No. 17 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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.

(iv) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected

Patna High Court CR. MISC. No.72943 of 2023(3) dt.06-05-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.'

(Prabhat Kumar Singh, J) utkarsh/- U T