Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85592 of 2023 Arising Out of PS. Case No.-251 Year-2023 Thana- MANIYARI District- Muzaffarpur ====================================================== Vikash Kumar age 34, S/o Vinod Thakur Village - Mahamadapur Alam, P SManiyari District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajani Kumari W/o Vikash Kumar Resident of Village - Mahamadpur Alam , P.S.- Maniyari, District - Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mrityunjay Kumar , Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP For OP 2 :

Mr. Dinu Kumar , Advocate Mr. Vardaan Mangalam , Advocate Mrs. Ritika Rani , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2024 1 . Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 323 , 506, 498 (A) and 34 of the Indian Penal Code and 3/ 4 of the D. P Act.

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

Patna High Court CR. MISC. No.85592 of 2023(4) dt.30-04-2024 2/3 maintenance amount of Rs. 5000/-per month, starting from this month, to opposite party no. 2.

4. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 the learned SDJM West Muzzaffarpur in connection with Maniyar P S Case No. 251 of 2023 , 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 saving bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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.

(4) The aforementioned payment will be subject to

Patna High Court CR. MISC. No.85592 of 2023(4) dt.30-04-2024 3/3 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