Rajesh Kumar Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11515 of 2022 Arising Out of PS. Case No.-6 Year-2021 Thana- MAHILA PS District- Katihar ====================================================== RAJESH KUMAR LAL Son of Jai Narayan Lal Resident of Village - Bhojudih, P.s.- Chandan Kiyari, Distt- Bokaro, Jharkhand. At present Resident of Village - Hatiya Railway Station , P.s.- R.P.F. Hatiya, Distt.- Ranchi, Jharkhand. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

MANISHA KUMARI D/o Shambhu Prasad , W/o Rajesh Kumar Lal Resident of Village - Laliyahi, Ward no.10, P.s.- Sahayak Katihar, Distt.- Katihar, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :Mr. NK Agrawal, Sr. Advocate and Ms.Preety Kunwar, Advocate For the State Mr.Ashok Kumar Singh, Addl Public Prosecutor For opposite party no.2 Mr. YC Verma, Sr. Advocate and Mr.SP Shah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2022 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498A/406/379/420 and other allied sections of the Indian Penal Code and under sections 3⁄4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-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. 5000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner 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 the Sub Divisional Judicial Magistrate, Katihar in

Patna High Court CR. MISC. No.11515 of 2022(2) dt.16-08-2022 2/2 Katihar Mahila Police Station Case No. 06 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as 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 co-operate 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/her absence on two consecutive dates without sufficient reason, his/her 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