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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77454 of 2024 Arising Out of PS. Case No.-588 Year-2024 Thana- SARAN COMPLAINT CASE District- Saran ====================================================== Vikash Kumar S/o- Surendra Kumar Singh Village- Jamalpur Narauni Tola, PO- Amnaur, PS-Marhowrrah, Dist- Saran ... ... Petitioner/s Versus
1. The State of Bihar
2. Sangam Kumari W/o- Vikash Kumar Village- Jamalpur Narauni Tola, PO- Amnaur, PS-Marhowrrah, D/o Deonath Singh, village- Mahuli Purab Tola, PO- Amnaur, PS- Marhowrrah, Dist- Saran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Praveen Prabhakar, Advocate For the State : Mr. Arun Kumar, APP For Opposite Party No.2 : Ms. Nandita Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 21-01-2025 Heard learned counsels for the parties. 2. The
petitioner,
husband
of
the complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Sections 498A and 34 of the Indian Penal Code. 3. Allegation against the petitioner is of matrimonial cruelty and of demand of dowry. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner denies that allegations made in the complaint petition. He never committed torture to complainant/Opposite Party No. 2 or demanded any dowry. Patna High Court CR. MISC. No.77454 of 2024(3) dt.21-01-2025 2/3 However, the petitioner undertakes to give Rs. 3,000/- (three thousand rupees) per month by way of temporary relief/solace, starting from this month, to the complainant/Opposite Party No.
2. 5. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give temporary relief/solace of Rs. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2, in the event of arrest/surrender within a period of eight 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 J.M. 1st Class, Saran, in connection with Complaint Case No. C 588 of 2024 (Tr. No. 2547 of 2024), subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:
“(A.) Complainant/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 aforesaid amount per month in the saving bank account of the complainant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the
Patna High Court CR. MISC. No.77454 of 2024(3) dt.21-01-2025 3/3 aforesaid 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.”
shashank/- (Prabhat Kumar Singh, J) U T