Vivek Kumar Paswan @ Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68030 of 2019 Arising Out of PS. Case No.-570 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== VIVEK KUMAR PASWAN @ VIVEK KUMAR Son of Panchu Paswan Resident of Village- Birsingpur, P.S.- Kalyanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Kavita Devi W/o Vivek Kumar Paswan @ Vivek Kumar and Daughter of Kalicharan Paswan Resident of Village- Birsingpur, P.S.- Kalyanpur, District- Samastipur presently Resident of Village-Viratnagar, Ward No.07 (Present ward No.06), Tola Sarochiya Mukti Marg, P.S.- Virat Nagar, District- Morang (Nepal).

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr.Renuka Ratnakar , Addl. Public Prosecutor For the iNformant :

Rajnish Kumar , Advocate Amit Kumar , Advocate Arun Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-09-2023 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 341 , 323 , 354 , 406, 498 (A) , 120(B) of the Indian Penal Code and Section 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.68030 of 2019(14) dt.19-09-2023 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, Samastipur in connection with T.R. No. 2944 of 2019 arising out of Complaint Case vide C.R. No. 570 of 2018 , 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.68030 of 2019(14) dt.19-09-2023 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

(Prabhat Kumar Singh, J) Kaushik/- U T