Ramakant Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70831 of 2022 Arising Out of PS. Case No.-348 Year-2019 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAMAKANT BHUSHAN S/o Ram Swarup Mahto R/v- Harpur Chhatwan, P.S.- Baniyapur, District- Saran ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

KUMARI ASTHA S/o Yogendra Prasad R/o Mohalla- Kamruddinganj, P.O.- Bihar Sharif, P.S.- Laheri, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sangeeta Sharma, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2023 1 . Mediation report dated 04.08.2023 reflects that settlement would not be concluded at between the parties.

2. Heard learned counsel for the petitioner, the State and the opposite party no.2.

3 . The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 and 498 (A)/34 of the Indian Penal Code.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give

Patna High Court CR. MISC. No.70831 of 2022(3) dt.09-08-2023 2/3 maintenance amount of Rs. 3000/-per month, starting from this month, to opposite party no. 2.

5 .In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- 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 thousand) with two sureties of the like amount each to the satisfaction of the learned court of S.D. J . M.., Nalanda at Bihar Sharif in complaint case No . 348C of 2019, of 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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

Patna High Court CR. MISC. No.70831 of 2022(3) dt.09-08-2023 3/3 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) Kaushik/- U T