Chandeshwar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84896 of 2023 Arising Out of PS. Case No.-395 Year-2022 Thana- LADANIA District- Madhubani ====================================================== CHANDESHWAR THAKUR SON OF SRI KISUN THAKUR R/O VILLAGE- KAMTOLIYA, P.S.- LADANIA, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

RENU DEVI WIFE OF CHANDESHWAR THAKUR R/O VILLAGEKAMTOLIYA, P.S.- LADANIA, DISTRICT- MADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Narayan Sharma For the Opposite Party/s :

Mr.Parmanand Prasad,APP Mr.Bhavesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opp. party no. 2.

2. The petitioner who is husband of opposite party No. 2, apprehends his arrest in a case registered for the offences under Sections 341, 323, 498A, 354, 506/34 of the Indian Penal Code.

3. Petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

Patna High Court CR. MISC. No.84896 of 2023(4) dt.02-05-2024 2/3

5. 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/surrender 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 Additional District & Sessions Judge VIII, Madhubani / concerned court in connection with Ladania P.S. Case No. 395 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 savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings 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 proceedings. The present order, in no

Patna High Court CR. MISC. No.84896 of 2023(4) dt.02-05-2024 3/3 way, will preclude the parties to resolve the issue otherwise."

(Prabhat Kumar Singh, J) anay U T