Arvind Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21908 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- RIVILGANJ District- Saran ====================================================== Arvind Kumar Singh Son of Dhanjee Singh Resident of Village - Naika Barka Baiju Tola, P.S.- Rivilganj, District - Saran at Chapra ... Petitioner

Versus

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

For the Petitioner :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party :

Mr.Ashok Kumar Singh, Addl Public Prosecutor Mr. Narendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

The petitioner, husband of the informant Mamta Singh @ Anushka, apprehends his arrest in a case registered for the offence punishable under Sections 498A, 313//34 of the Indian Penal Code and sections 3⁄4 of the DP Act. From perusal of Mediator's report dated 29.1.2020, it appears that mediation has failed.

Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5000/- per month, starting from this month, to the informant Mamta Singh @ Anushka.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5000/- per month, provisional bail allowed to the petitioner vide order 20.9.2019 is confirmed on the following conditions:-

(1) Informant 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

Patna High Court CR. MISC. No.21908 of 2019(5) dt.14-02-2020 2/2 the informant.

(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) Shashi U T