Rajat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4456 of 2022 Arising Out of PS. Case No.-16 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== Rajat Kumar Son of Pintu Soni @ Anoj Kumar Gupta @ Anuj Kumar Gupta Resident of Mohalla - Pethiya Gali Neem Kuan, Jai Ram Bazar Khagaul, P.s.- Khagaul, Distt.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anjali Soni D/o Gopal Prasad Soni Resident of Village - Gali No.2, Behind Nagar Palika, Trigun Dehri, P.s.- Dihri Nagar, Distt.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajanan Mishra For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 This case is listed under the heading to be mentioned, as the counsel for Opposite Party No. 2 has already appeared through vakalatnama. In that view of the matter order dated 08.07.2022 is recalled.

Heard learned counsel for the parties.

The petitioner, husband of Opposite Party No. 2 apprehends his arrest in Mahila P.S. Case No. 16 of 2021 registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition & Excise Act.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, starting from this month to Opposite

Patna High Court CR. MISC. No.4456 of 2022(3) dt.15-07-2022 2/3 Party No. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, 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 Judicial Magistrate Ist Class, Sasaram (Rohtas) in connection with Mahila P.S. Case No. 16 of 2021 on the following conditions:

(1.) 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.

(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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.

(4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.4456 of 2022(3) dt.15-07-2022 3/3 (6.) 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) vinita/- U T