Uday Prasad @ Uday Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3518 of 2024 Arising Out of PS. Case No.-600 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Uday Prasad @ Uday Saw SON OF JAGTARAN SAO Kathrai, P.S. Bind, District Nalanda ... ... Petitioner/s
Versus
1. The State of Bihar
2. Smt. Shobha Kumar, Son of Arun Sao, Resident of Village- Neem Tall, P.O.+P.S.- Khusrupur, District- Patna (Bihar). ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Dhananjay Kumar, Advocate For the State :
Mr. Shyam Bihari Singh, APP For Opposite Party No. 2:
Mr. A.K.K. Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-06-2024 Heard learned counsels for the parties.
2. The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Complaint Case No. 600 of 2022 registered for the offence punishable under Sections 324, 325, 307, 354, 323, 379, 504, 498A and 34of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
3. As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.
4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) per month, starting from this month, to complainant/O.P.-2.
Patna High Court CR. MISC. No.3518 of 2024(5) dt.25-06-2024 2/2
5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) per month to complainant/O.P.-2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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., Patna City, in connection with Complaint Case No. 600 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
"(A.) Complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-2.
(C.) 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. (D.) 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) shashank/- U T