Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3595 of 2024 Arising Out of PS. Case No.-606 Year-2022 Thana- COMPLAINT CASE District- Banka ====================================================== ROHIT YADAV S/O MOTI YADAV R/O VILLAGE- DHARBATIA @ DHOWATIA, P.S- JHAJHA, DISTT.- JAMUI.

... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

KAIKAI DEVI W/O ROHIT YADAV RESIDING AT BELA, P.SBELHAR, DISTT.- BANKA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 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 498 (A) of the Indian Penal Code . 3 . In spite of direction by passed by this Hon'ble Court on 16.04.2024, till date no supplementary affidavit has been filed on behalf of the petitioner.

4. However, learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready

Patna High Court CR. MISC. No.3595 of 2024(5) dt.07-05-2024 2/3 to give 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/- 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 Judicial Magistrate Ist Class, Banka in connection with Complaint Case No. 606 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 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.3595 of 2024(5) dt.07-05-2024 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