Vivekanand Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.820 of 2024 Arising Out of PS. Case No.-434 Year-2023 Thana- MUFFASIL District- West Champaran ====================================================== Vivekanand Pandey S/O SUCHIT PANDEY VILLAGE- HAJMA TOLA SANT KABIR ROAD KAILASH PURI, PS. BETTIAH MUFFASIL (BANUCHHAPAR O.P.), DIST. WEST CHAMPARAN.

... ... Petitioner/s

Versus

The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr.Brij Kishor Mishra, Advocate For the State :

Mr.Yogendra Kumar, Addl Public Prosecutor for the informant Mr. S.Kumar, B.Rai and R.Raj, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, the State and the informant.

2. The petitioner, who is husband of Arti Devi, daughter of informant, apprehends arrest in a case registered for the offence punishable under Section 323, 498A and other allied sections of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

3. It is submitted by learned counsel for the petitioner that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month to Arti Devi.

4. 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

Patna High Court CR. MISC. No.820 of 2024(2) dt.07-02-2024 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Bettiah Muffasil Banuchhapar OP Police Station Case No. 434 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:- (i) Arti Devi would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of Arti Devi.

(iii) 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. (iv) 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) Shashi U T