Dhirendra Kumar Dhurjhar @ Dhirendra Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81215 of 2023 Arising Out of PS. Case No.-259 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== DHIRENDRA KUMAR DHURJHAR @ DHIRENDRA KUMAR YADAV SON OF TAPESHWAR DHURJHAR RESIDENT OF VILLAGEEKAMMA, POLICE STATION- LAUKAHA, DISTRICT- MADHUBANI (BIHAR) ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
PRIYANKA DEVI @ SABRI WIFE OF DHIRENDRA KUMAR DHURJHAR RESIDENT OF VILLAGE- EKAMMA, POLICE STATIONLAUKAHA, DISTRICT- MADHUBANI (BIHAR) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Jitendra Kumar Bharti, Advocate For the State :
Mr. Suresh Prasad Singh, APP For Opposite Party No.2 :
Mr. Pramod Kr. Yadav, Advocate Mr. Manish Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-03-2024 Heard learned counsels for the parties.
2. The petitioner, husband of the informant/O.P.-2, apprehends his arrest in Laukaha P.S. Case No. 259 of 2020 registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
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
Patna High Court CR. MISC. No.81215 of 2023(3) dt.19-03-2024 2/3 petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) 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 amount of Rs. 3,000/- (three thousand rupees) 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 Sub-Divisional Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Laukaha P.S. Case No. 259 of 2020, 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
Patna High Court CR. MISC. No.81215 of 2023(3) dt.19-03-2024 3/3 order, in no way, will preclude the parties to resolve the issue otherwise."
(Prabhat Kumar Singh, J) shashank/- U T