Kumar Shankar @ Shankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3275 of 2024 Arising Out of PS. Case No.-251 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Kumar Shankar @ Shankar Kumar S/o Mulho Singh R/o Kashimpur, Kadwa, PS- Naugacchiya, Dist- Bhagalpur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rani Kumari, aged about 25 years, Gender-Female, W/O Kumar Shankar @ Shankar Kumar, D/O Sri Niranjan Kumar @ Niranjan Kumar Singh, Resident of Village- Diwanandi (Mirjapur), P.S.-Korha, District-Katihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhola Prasad, Adv.
For the State :
Mr. Arun Kumar, APP For the O.P. No. 2 :
Mr. Manish Kumar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-05-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with C.A. Case No. 251 of 2022 registered under Sections 498A, 34, 323, 379, 384 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.
3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. The petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting
Patna High Court CR. MISC. No.3275 of 2024(4) dt.07-05-2024 2/3 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. 3,000/- (three thousand) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of SubDivisional Judicial Magistrate, Katihar in connection with C.A. Case No. 251 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:- '(i) 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. (ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (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
Patna High Court CR. MISC. No.3275 of 2024(4) dt.07-05-2024 3/3 proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.'
(Prabhat Kumar Singh, J) utkarsh/- U T