Abhay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2625 of 2020 Arising Out of PS. Case No.-103 Year-2018 Thana- MAHILA P.S. District- Rohtas ====================================================== ABHAY SINGH Son of Ram Janam Singh Resident of Village - Tiura, P.S.- Chutiya, District- Rohtas ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Archana Devi D/O - Shri Dhruv Narayan Singh Resident of Village - Chilhaa, P.S.- Karakat, P.O.- Barh, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State including the Advocate for the informant through video conferencing. The petitioner apprehends his arrest in connection with Mahila (Dehri) P.S. Case No. 103/2018 registered for the offences punishable under Sections 498(A)/341/323/406/506/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. At the very outset, learned counsel for the petitioner has submitted that the petitioner is working outside the State and he has lost his job, but he is ready to pay Rupees Three Thousand (Rs. 3000/-) per month as maintenance to opposite party No. 2.

Patna High Court CR. MISC. No.2625 of 2020(4) dt.17-01-2022 2/3 Considering the submissions of the parties and the fact that the present case has been registered under Section 498A of the I.P.C. and the petitioner is the husband and also there are allegations and counter allegations between both the parties which cannot be decided in this anticipatory bail proceeding, the prayer of the petitioner for grant of anticipatory bail is allowed.

Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Dehri, Rohtas in connection with Mahila (Dehri) P.S. Case No. 103/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

It is made clear that the bail bonds of the petitioner shall be cancelled if the petitioner fails to make payment of maintenance amount.

Learned counsel appearing for the opposite party No. 2 (wife) in the Court below shall supply the bank account number of the opposite party No. 2 to the learned counsel appearing for the husband (petitioner) in the Court below and,

Patna High Court CR. MISC. No.2625 of 2020(4) dt.17-01-2022 3/3 thereafter, the petitioner shall deposit the maintenance amount for the month of February, 2022 and March, 2022 and then only his bail bonds shall be accepted.

For the next eight weeks, the petitioner shall not be arrested in connection with the present case. With the aforesaid observations and directions, this application is allowed.

(Sandeep Kumar, J) Saif/- U T