Sandeep Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6492 of 2022 Arising Out of PS. Case No.-2248 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Sandeep Sahani Son Of Sudama Sahani R/O Village- Uzzan Lohiyar Malahi Tola, P.S.- Harsidhi, District- East Champaran, Motihari ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi Wife Of Sandeep Sahani, D/O- Vikash Choudhari At Present Resident At Khairi Mal, Tola Balahi, P.S.- Pipara, District- East Champaran, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Kanhaiya Kishore (App. 100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2022 Heard learned counsel for the parties through vide conferencing.

The petitioner, husband of Opposite Party No. 2 apprehends his arrest in Complaint Case No. C-2248 of 2019 registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month to Opposite Party No. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, in the event

Patna High Court CR. MISC. No.6492 of 2022(2) dt.08-07-2022 2/2 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 Chief Judicial Magistrate, Motihari, East Champaran in connection with Complaint Case No. C-2248 of 2019 corresponding to Trial No. 2555 of 2019 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.

(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