Rahul Suman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73379 of 2023 Arising Out of PS. Case No.-429 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== RAHUL SUMAN S/O LATE NAGESHWAR PRASAD YADAV R/O VILLAGE AND P.O.- SOHMA, PS. BITHAN, DISTT. SAMASTIPUR, PIN848207 ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
STUTI KUMARI @ ASTUTI KUMARI W/O RAHUL SUMAN R/O VILLAGE AND P.O.- SOHMA, PS. BITHAN, DISTT. SAMASTIPUR, PIN-848207 PRESENTLY RESIDING AS D/O BHIKHARANJAN YADAV, VILLAGE AND P.O.- PUSAHO, PS. BITHAN, DIST. SAMASTIPUR PIN-848207 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sudhanshu Kumar , Advocate For the Opposite Party/s :
Mr. Sangeeta Sharma, APP For OP 2 :
Gajendra Kumar Singh, Advocate Avinash Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2024 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.
2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 , 379, 406, 498 (A) and 34 of the Indian Penal Code and 3/ 4 of the D. P Act.
3 . Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month, to opposite party no. 2.
Patna High Court CR. MISC. No.73379 of 2023(4) dt.02-07-2024 2/3
4. 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 Sub-Divisional Judicial Magistrate , Rosera , Samastipur in connection with Complaint Case No. 429 of 2022 , 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 any order passed in matrimonial, maintenance or connected
Patna High Court CR. MISC. No.73379 of 2023(4) dt.02-07-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.
(Prabhat Kumar Singh, J) Koushik/- U T