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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.75204 of 2024 Arising Out of PS. Case No.-97 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Ravi Kant Kushwaha Son of Surendra Kushwaha Resident Of Village- Bhluwahiya, P.O. And P.S.- Ramgarhwa, Dist.- East Chamaparan ... ... Petitioner/s Versus
1. The State Of Bihar
2. Ruby Kumari Wife of Ravi Kant Kushwaha, D/O Shivchandra Prasad R/O Vill.- Yadavpur, P.O. and P.S.- Harsidhi, Dist.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Pravin Kumar, Advocate For the State : Mr. Narsingh Tanti, APP For Opposite Party No.2 : Mr. Abhishek Kumar, Advocate Mr. Hemant Ray, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 22-01-2025 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 323, 341, 498A, 504, 506 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
Patna High Court CR. MISC. No.75204 of 2024(3) dt.22-01-2025 2/3 complainant/Opposite Party No. 2 or demanded any dowry. However, the petitioner undertakes to give Rs. 5,000/- (five 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. 5,000/- (five 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 Judicial Magistrate, Ist Class, Motihari, East Champaran, in connection with Complaint Case No. 97 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
Patna High Court CR. MISC. No.75204 of 2024(3) dt.22-01-2025 3/3 of the complainant/Opposite Party No. 2 . (C.) In case, the petitioner fails to deposit the 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