Sikandar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2315 of 2024 Arising Out of PS. Case No.-668 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== Sikandar Singh son of Anil Kumar Singh village Amoura police station Karakat(Godari) district Rohtas ... ... Petitioner/s

Versus

1.

The State Of Bihar patna 2.

Rajdulari Devi wife of Sikandar Singh daughter of Keshav Singh@Vijay Kumar Singh village Amoura police station Karakat(Godari) District Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramanand Poddar , Advocate For the Opposite Party/s :

Mr. Akbar Ali , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner, the State and the opposite party no.2.

2. Earlier, vide order dated 16.04.2024 the matter was referred to Mediation Centre of Patna High Court, where the dispute between the parties have been resolved through the process of mediation (Report at flag 'X').

3 . 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.

4. By filing supplementary affidavit, learned counsel for the petitioner submits that pursuant to order dated 01.05.2024 of the Mediation Center of this Hon'ble Court , the

Patna High Court CR. MISC. No.2315 of 2024(4) dt.01-07-2024 2/3 petitioner went to the house of the Opposite party No. 2 on 15.05.2024 with sweets and fruits to bring her to his house but there he was abused and assaulted by the Opposite Party No. 2 and her family members. However, the petitioner offers and undertakes that he is ready 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 ACJM, Bikramganj , Rohtas in connection with Complaint Case No. 668 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

Patna High Court CR. MISC. No.2315 of 2024(4) dt.01-07-2024 3/3 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) Koushik/- U T