Sulindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8938 of 2022 Arising Out of PS. Case No.-63 Year-2021 Thana- MAHILA P.S. District- Madhubani ====================================================== SULINDRA KUMAR SON OF YAMUN SAH RESIDENT OF VILLAGEBRAHMPUR, WARD NO. 1, POLICE STATION- PHULPARAS, DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

POOJA KUMARI W/O SULINDRA KUMAR, D/O RAM BILAS SAH RESIDENT OF VILLAGE- BRAHMPUR, WARD NO. 1, POLICE STATION- PHULPARAS, DISTRICT- MADHUBANI, AT PRESENT BAIJU SAH, MATERNAL GRAND FATHER, RESIDENT OF VILLAGESARISABPAHI, POLICE STATION- PANDUL, DISTRICTMADHUBANI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Addl. Public Prosecutor .

Mr.Shailendra Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Heard learned counsel for the parties.

The petitioner, husband of informant/O.P.2, apprehends his arrest in Madhubani Mahila P.S. Case No. 63 of 2021 registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have committed torture and harassment for dowry with the informant/O.P.2.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/-

Patna High Court CR. MISC. No.8938 of 2022(2) dt.14-07-2022 2/3 (three thousand) per month, starting from this month to informant/O.P.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 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, Madhubani in connection with Madhubani Mahila P.S. Case No. 63 of 2021 on the following conditions: (1.) Informant/O.P.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 informant/O.P.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

Patna High Court CR. MISC. No.8938 of 2022(2) dt.14-07-2022 3/3 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) anay/- U T