Chhatish Rawat @ Chattis Rawat @ Satish Kumar Rawat @ Satish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3342 of 2024 Arising Out of PS. Case No.-419 Year-2021 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Chhatish Rawat @ Chattis Rawat @ Satish Kumar Rawat @ Satish Kumar S/O - Krishna dev Rawat Resident of village-Chhechhani, P.S-Bithan, District-Samsatipur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kavita Devi W/o -Chhatish Rawat @ Chattis Rawat @ Satish kumar Rawat@ Satish kumar resident of village- Chhechhani, P.S.- Bithan, Distt.- Samastipur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gaurav Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Sharma Mr.Suneil Kumar Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opp. party no. 2.
2. The petitioner who is husband of opposite party No. 2, apprehends his arrest in a complaint case punishable for the offences under Sections 498A, 494, 379, 420, 323 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.
3. The petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.
4. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give
Patna High Court CR. MISC. No.3342 of 2024(4) dt.02-05-2024 2/3 maintenance amount of Rs. 3,000/- 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. 3,000/- (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 J.M. 1st Class, Rosera at Samastipur / concerned court in connection with Trial No. 833 of 2023, arising out of Complaint Case No. 419 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.
(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.
Patna High Court CR. MISC. No.3342 of 2024(4) dt.02-05-2024 3/3
(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