Patna High CourtCR. MISC./82391/2023bail granted

Nawal Kishore @ Nawal Kishor v. The State Of Bihar

2024-07-03Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82391 of 2023 Arising Out of PS. Case No.-1184 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== NAWAL KISHORE @ NAWAL KISHOR S/O SHYAM BABU RAM VILLAGE- DIXIT CHAK, SADISOPUR, PS. BIHTA, DIST. PATNA AT PRESENT ADDRESS- NEW SABAJURA, NEAR BMP-16, PS. PHULWARISHARIF, DIST. PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

RAJ KUMARI DEVI W/O RAM BABU RAM RESIDENT OF JEHANABAD POLICE LINE, PS.AND DIST. JEHANABAD ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Damodar Prasad Tiwary Mr.Amit Anand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-07-2024 Earlier, vide order dated 05.03.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 20.04.2024 is at flag 'M').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2.

3. The petitioner, who is husband of daughter of opposite party no. 2, apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A),

Patna High Court CR. MISC. No.82391 of 2023(4) dt.03-07-2024 2/3 364/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. Petitioner is alleged to have committed torture and harassment with daughter of opposite party no. 2 for dowry.

5. 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 daughter of opposite party no. 2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees three thousand) per month to the daughter of 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 learned A.C.J.M.- XIV, Patna in connection with Phulwarisharif P.S. Case No. 1184 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) Daughter of opposite party no. 2 would file an affidavit before the court below and bring on record her savings bank account number for its

Patna High Court CR. MISC. No.82391 of 2023(4) dt.03-07-2024 3/3 communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the daughter of 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) anay U T