Amardeep Kumar Mahto @ Amardeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81465 of 2023 Arising Out of PS. Case No.-53 Year-2022 Thana- MAHILA PS District- Darbhanga ====================================================== AMARDEEP KUMAR MAHTO @ AMARDEEP KUMAR SON OF LATE KEDAR MAHTO RESIDENT OF VILLAGE- FULBARIA @ FALBARIA, P.S.- BISANPUR, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

SANJULA KUMARI WIFE OF AMARDEEP KUMAR MAHTO, D/O NAGESWAR MAHTO RESIDENT OF VILLAGE- NAUDEGA, P.S. BAHERI, DISTRICT- DARBHANGA.

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

For the Petitioner/s :

Mr. Kedar Jha, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the iNformant :

Ram Narayan Mahto, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the parties.

2. The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 498A, 504 and 34 of the Indian Penal Code and 3/ 4 of the D. P Act.

3. Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator's Report dated 16.04.2024 it appears that the mediation between the parties has failed.

4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give

Patna High Court CR. MISC. No.81465 of 2023(4) dt.18-04-2024 2/3 maintenance amount of Rs. 3000/- 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. 3000/- (three thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 SDJM, Darbhanga in connection with Mahila P . S. Case No. 53 of 2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:- '(1) 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.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party No. 2.

(3) 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.81465 of 2023(4) dt.18-04-2024 3/3

(4) 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) Koushik/- U T