Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.573 of 2024 Arising Out of PS. Case No.-74 Year-2022 Thana- MAHILA P.S. District- Lakhisarai ====================================================== ANUJ KUMAR SON OF BIJAY SINGH RESIDENT OF VILLAGEKESBA, PO- ABHAIPUR, PS- PIRI BAZAR, DIST- LAKHISARAI ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

PRIYANKA KUMARI WIFE OF ANUJ KUMAR RESIDENT OF VILLAGE- KESBA, PO- ABHAIPUR, PS- PIRI BAZAR, DISTLAKHISARAI PRESENT ADD- RESIDENT OF VILLAGE- AMBA, PS SAH KUND DIST- BHAGALPUR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Binay Kumar, Advocate For the State :

Md. Shakir Ahmad, APP For Opposite Party No.2 :

Mr. Amiya Kunal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsels for the parties.

2. The petitioner, husband of the informant/Opposite Party No. 2, apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 498A, 504 and 34 of the Indian Penal Code.

3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand rupees) per month, starting from this month, to informant/Opposite Party No. 2.

Patna High Court CR. MISC. No.573 of 2024(7) dt.20-08-2024 2/3

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 rupees) per month to informant/Opposite Party No. 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 C.J.M., Lakhisarai, in connection with Lakhisarai Mahila P.S. Case No. 74 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

"(A.) Informant/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.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/Opposite Party No. 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

Patna High Court CR. MISC. No.573 of 2024(7) dt.20-08-2024 3/3 the issue otherwise."

(Prabhat Kumar Singh, J) shashank/- U T