Pandav Kumar @ Pandav Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72941 of 2023 Arising Out of PS. Case No.-720 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== PANDAV KUMAR @ PANDAV KUMAR THAKUR, Son of Parmanand Thakur Resident of Village - Kewalal Dhala, Bandh, P.O.- Dilarpur, P.S.- Manihari, District - Katihar ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sangeeta Kumari, D/O Domi Thakur Wife of Pandav Kumar @ Pandav Kumar Thakur, Resident of Village - Sujapur, P.O-Sujapur, P.S. - Barari, District - Katihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Harish Chandra Patel, Advocate For the State :

Mr. Nitya Nand Tiwary, APP For O.P. No.2 :

Mr. Sanjeev Kr. Singh, Advocate Ms. Neha Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2023 Heard learned counsels for the parties.

2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 2,500/- (two thousand five hundred rupees) per month, starting from this month, to complainant/O.P.-2.

Patna High Court CR. MISC. No.72941 of 2023(2) dt.09-11-2023 2/2

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2,500/- (two thousand five hundred rupees) per month to complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 SDJM, Katihar, in connection with Katihar Complaint Case No. 720 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-2.

(C.) 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. (D.) 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) shashank/- U T