Subodh Sharma @ Subodh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2476 of 2024 Arising Out of PS. Case No.-46 Year-2023 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== SUBODH SHARMA @ SUBODH KUMAR Son Of Sri Avinash Sharma Resident Of Village Resident Of Ratanpur Ps Haspura, Distt.- Aurangabad ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
GURARIYA KUMARI D/O Of Akhilesh Sharma Resident Of Goind PostUshari, P.S.- Mahendiya, Distt. Arwal ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Mukesh Kumar No.1, Advocate For the State :
Mr. Dinesh Singh, APP For Opposite Party No. 2:
Mr. Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2024 Heard learned counsels for the parties.
2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Complaint Case No. 46 of 2023 registered for the offence punishable under Sections 498A, 380, 323, 386, 420, 120B, 504, 352 and 34 of the Indian Penal Code.
3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/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 rupees) per month, starting from this month, to complainant/O.P.-2.
5. In view of the undertaking of learned counsel for
Patna High Court CR. MISC. No.2476 of 2024(2) dt.31-01-2024 2/2 the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month to complainant/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 Judicial Magistrate First Class, Arwal, Jehanabad, in connection with Complaint Case No. 46 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/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 complainant/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) shashank/- U T