Patna High CourtCR. MISC./85975/2023bail granted

Panchanand Yadav v. The State Of Bihar

2024-07-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85975 of 2023 Arising Out of PS. Case No.-802 Year-2021 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur ====================================================== PANCHANAND YADAV SON OF MAWAL YADAV RESIDENT OF VILLAGE - BADKI NAINIJOR, P.S. - NAINIJOR, DISTRICT - BUXAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

SUMAN DEVI WIFE OF PANCHANAND YADAV, D/O. SHRI NIWAS YADAV RESIDENT OF VILLAGE AND POST - BARISAWAN, P.S. - SAHPUR, DISTRICT - BHOJPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey,APP Mr. Shubham Sourav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2024 Pursuant to order dated 21.03.2024, the matter was referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 03.05.2024 is available at flag 'B').

2. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant / opposite party no. 2.

3. The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 341, 323, 504, 498A, 307, 34 of the

Patna High Court CR. MISC. No.85975 of 2023(4) dt.04-07-2024 2/3 Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

4. Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

5. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this month, to opposite party no. 2.

6. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (Rupees 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 S.D.J.M., Bhojpur at Ara in connection with Complaint Case No. 802(C) of 2021, 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.

Patna High Court CR. MISC. No.85975 of 2023(4) dt.04-07-2024 3/3

(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.

(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) anay U T