Mukesh Kewat @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6045 of 2024 Arising Out of PS. Case No.-257 Year-2014 Thana- JAKKANPUR District- Patna ====================================================== Mukesh Kewat @ Mukesh Kumar S/O Yogendra Kewat Chiraiyatar, Postal Park, P.S.-Jakkanpur, District-Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binay Kumar Sinha, Advocate For the Informant :

Mr. Rashid Zafar, Advocate :

Mr. Reyaz Alam, Advocate :

Mr. Majid Mahboob Khan, Advocate For the State :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Jakkanpur P.S. case No. 257 of 2014, G.R. No. 4222 of 2014 instituted for the offences under Sections 498(A)/34 of the Indian Penal Code and Sections 3/4 of the D.P. Act.

3. Prosecution story, in short, is that petitioner along with other family members tortured the informant physically and mentally for the non-fulfillment of demand of dowry.

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.08.2023 and has no criminal antecedent. Learned counsel further submitted that petitioner got the privilege of bail from the trial Court bearing B.P. No. 18919

Patna High Court CR. MISC. No.6045 of 2024(2) dt.12-02-2024 2/3 of 2014, wherein the learned trial Court had directed this petitioner to pay maintenance of Rs. 2,000/- per month to his wife, and in default of payment of fine, the bail bonds of this petitioner would stand cancelled. Learned counsel further submitted that bail bonds were cancelled due to non-payment of maintenance amount. Learned counsel further submitted that petitioner is ready to pay maintenance amount of Rs. 3,000/- per month from the month of January, 2024 to his wife.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant also concedes the submission of petitioner's counsel regarding payment of Rs. 3,000/- per month as maintenance from the month of January, 2024.

6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and since the petitioner is ready to pay maintenance to his wife, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jakkanpur P.S. case

Patna High Court CR. MISC. No.6045 of 2024(2) dt.12-02-2024 3/3 No. 257 of 2014, G.R. No. 4222 of 2014 subject to the condition that if the petitioner fails to pay the monthly installment amount as maintenance to his wife for consecutively two months, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T