Mrityunjay Tiwari @ Niku Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78850 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== Mrityunjay Tiwari @ Niku Tiwari S/O Jay Prakash Tiwari R/V- Jhalkhoria, P.O.- Awaraiya, P.S.- Kudra, Dist.- Kaimur (BHABUA) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juhi Kumari Wife Of Mritunjay Tiwari @ Niku Tiwari D/O Ramakant Upadhyay R/V- Jhalkhori, P.O.- Awaraiya, P.S.- Kudra, Dist.- Kaimur (BHABUA) At Present- Village And P.O.- Akhlashpur, P.S.- Bhabua, Dist.- Kaimur (BHABUA).

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

For the Petitioner/s :

Mr. Rakesh Kumar Mishra, Adv.

For the State :

Mr. Tapeshwar Sharma, APP For the O.P. No. 2 :

Mr. Pawan Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Earlier, the matter was referred to Mediation Centre, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag 'M').

2. Heard the parties.

3. The petitioner apprehends his arrest in connection with Complaint Case No. 158 of 2023 registered under Section 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party

Patna High Court CR. MISC. No.78850 of 2023(5) dt.07-05-2024 2/3 no. 2. 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.

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 or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Kaimur at Bhabua in connection with Complaint Case No. 158 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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.

Patna High Court CR. MISC. No.78850 of 2023(5) dt.07-05-2024 3/3 (iv) 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) utkarsh/- U T