Petitioner husband enlarged on bail in matrimonial/False Impression case by undertaking monthly maintenance payment coupled with account disclosure.
Petitioner enlarged on bail on undertaking to pay Rs. 3000 monthly maintenance into Opposite Party No.2's bank account within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12878 of 2024
Arising Out of PS. Case No.-416 Year-2022 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur
======================================================
Bipin Kumar Son Of Late Anandi Prasad Das Resident Of Village- Tarar, PsSanhoula, Dist- Bhagalpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harish Chandra Patel, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, A.P.P. Mr. S I Ghani, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
4 26-10-2024
Heard learned counsel for the petitioner, the State and the opposite party no.2.
Patna High Court CR. MISC. No.12878 of 2024(4) dt.26-10-2024 2/2
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 Sub Divisional Judicial Magistrate, Bhagalpur in Complaint Case No. 416/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-
(i) 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.
(ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.
(iii) 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.
(iv) 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)
shashi/-
U T
2 issues framed by the court
Whether the petitioner, husband, be enlarged on bail offering monthly maintenance to the opposite party.
Whether conditions for bail should include payment of maintenance into the opposite party's bank account.
1 provisions across 1 enactments
Bipin Kumar
The State Of Bihar
Priyanka Kumari
Prabhat Kumar Singh
Shashi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
