Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3201 of 2023 Arising Out of PS. Case No.-285 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Mukesh Singh Son of Late Bharat Singh Resident of village - Lodhipur, P.S.- Khizersarai, District - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Seema Kumari Wife of Mukesh Singh Daughter of Ramnaresh Prasad Singh, Resident of village - Lodhipur, P.S.- Khizersarai, District - Gaya. At present residing at village - Gobdiha, P.S.- Mahkar, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Bhardwaj For the Opposite Party/s :

Mrs.Pushpa Sinha.1 Mr. Vinod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the parties.

2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Sections 341, 323, 494, 498A of the I.P.C.

3. As per prosecution case, this petitioner is alleged to have committed torture and harassment with the informant/O.P.- 2 due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month, to informant/O.P.-2.

5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance

Patna High Court CR. MISC. No.3201 of 2023(3) dt.31-07-2023 2/2 amount of Rs. 3,000/- (three thousand) per month to informant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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. - IV, Gaya / concerned court in connection with Khizersarai P.S. Case No. 285 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Informant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/O.P.-2.

(C.) 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.

(D.) 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