Jay Wardhan Alias Jai Vardhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81999 of 2023 Arising Out of PS. Case No.-10352 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== JAY WARDHAN ALIAS JAI VARDHAN SON OF RAMJI LALL DAS R/O VILLAGE- BELARAHI, POST AND P.S.- JHANJHARPUR, DISTRICTMADHUBANI, PIN CODE- 847404 ALSO RESIDENT OF FLAT NO.-303, NARAYAN COMPLEX, RUKANPURA, GOLA ROAD, DANAPUR, P.S.- RUKANPURA AND DISTRICT- PATNA ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
RITAM WIFE OF JAI VARDHAN, D/O RAJENDRA LALL DAS R/O POSTAL PARK, BUDHA NAGAR, ROAD NO.2, IN THE HOUSE OF RATAN KUMAR, KANKARBAGH, P.S.- KANKARBAGH, PATNA800020 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Praful Chandra Jha, Advocate Mr. Avinash Chandra, Advocate Mr. Sarvattam Anand, Advocate For the State :
Mr. Anuj Kumar Shrivastava, APP For Opposite Party No.2 :
Mr. Yogesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2024 Heard learned counsels for the parties.
2.
The petitioner, husband of the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A, 406, 323 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.81999 of 2023(3) dt.02-09-2024 2/3 petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) per month, starting from this month, to complainant/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. 5,000/- (five thousand rupees) per month to complainant/Opposite Party No. 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 S.D.J.M., Patna, in connection with Complaint Case No. 10352(C) of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/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.
(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the
Patna High Court CR. MISC. No.81999 of 2023(3) dt.02-09-2024 3/3 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) shashank/- U T