Upendra Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77280 of 2023 Arising Out of PS. Case No.-263 Year-2017 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== UPENDRA DAS S/O BODH NARAYAN DAS RESIDENT OF VILLAGEJAIPUR, P.S.-MEHNDIYA DISTRICT-ARWAL, BIHAR-804426 ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
GAYATRI DEVI W/O UPENDRA DAS RESIDENT OF VILLAGEJAIPUR, P.S.-MEHNDIYA DISTRICT-ARWAN, BIHAR-804426. PRESENTLY RESIDING AT VILLAGE-KUDRASI, P.O- ANANDPUR, P.S-RAMPUR CHAURAM, DISTRICT-ARAWAL ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bikas Kumar Sharma, Advocate For the State :
Mr. Arun Kumar, A.P.P.
For the O.P.-2 :
Mr. Surendra Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 7.
15-07-2024 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 apprehends his arrest in Complaint Case No. 263 of 2017 punishable for the offence under Sections 494 and 498A of the Indian Penal Code.
3. It is a case of 'Matrimonial Dispute'. Petitioner is husband of the complainant/opposite party no. 2.
4. Learned counsel for the petitioner files supplementary affidavit in Court and submits that pursuant to order dated 09.11.2023 passed by learned Principal Judge,
Patna High Court CR. MISC. No.77280 of 2023(7) dt.15-07-2024 2/2 Family Court, Jehanabad in Misc. Case No. 23 of 2021, the petitioner has paid a sum of Rs. 1,40,000/- to opposite party no. 2, which includes Rs. 70,000/- as current maintenance arrear amount for the month from December, 2023 to June, 2024, through a Bank Draft of Indian Bank, vide Bank Draft No. 882492 dated 18.06.2024. Petitioner also undertakes to make payment of maintenance amount regularly to opposite party no. 2.
5. Learned counsel for the opposite party no. 2 does not dispute the aforesaid payment.
6. Considering the aforesaid facts and circumstances, in the event of arrest/surrender before the Court below 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 S.D.J.M., Arwal in connection with Complaint Case No. 263(c) of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J.) Anay U T