Harendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74387 of 2022 Arising Out of PS. Case No.-1854 Year-2019 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== HARENDRA KUMAR Son of Late Mohan Singh Resident of VillageBhaiswan, P.S.- Masaurhi, District- Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Radhika Kumari Wife of Sri Harendra Kumar, D/O Sri Udit Prasad Suman Resident of Village- Saddopur, P.S.- Alipur, District- Gaya ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Chandra Mohan Singh, Advocate For the State :

Mr.Arun Kumar, Addl Public Prosecutor for the complainant Mr. Aditya Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Section 498A of the Indian Penal Code.

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 the opposite party no.2.

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 Chief Judicial Magistrate, Gaya in Complaint Case No. 1854 of 2019/ Tr No.1315/2021, subject to the

Patna High Court CR. MISC. No.74387 of 2022(2) dt.05-05-2023 2/2 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 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.

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