Ajay Kumar @ Ajay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14903 of 2024 Arising Out of PS. Case No.-252 Year-2020 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Ajay Kumar @ Ajay Singh Son of Pancha Singh Resident ofVillagePahaditar, Police Station- Islampur, District- Nalanda ... ... Petitioner/s
Versus
1.
The State of Bihar Patna 2.
Manisha Singh Wife of Ajay Singh and Daughter of Satendra Kumar Singh Resident of Village- Karigaon, Police Station- Rajauli, District- Nawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in complaint and apprehending his arrest in Complaint Petition No. 252 of 2020 in which cognizance has been taken for the offences punishable under Sections 323, 498 A, 406 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
3. The allegation against this petitioner, who is
2/4 husband, is to commit mental and physical cruelty upon O.P. No. 2/wife.
4. Learned counsel appearing on behalf of the petitioner submitted that out of certain family disputes O.P. No. 2 left the house of petitioner by deserting him and since then she is living with her parents. It is submitted that both parties are willing to settle their issues however, as a matter of good gesture, petitioner is ready to pay cash of Rs. 3,000/- as an ad-interim maintenance on monthly basis till pendency of case before the learned trial court or finding of competent Family Court qua maintenance in issue. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel appearing for the informant opposes the prayer of bail.
6. Considering the aforesaid facts and circumstances as the petitioner is ready to pay adinterim maintenance to O.P. No. 2, accordingly, the
3/4 above named petitioner, in the event of his arrest or surrender before learned trial court within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada/concerned Court, where the case is pending in connection with Complaint Petition No. 252 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., with further conditions:- "(i) That petitioner shall pay Rs. 3,000/- as an ad-interim maintenance to O.P. No. 2/wife on or before 7th day of English calendar month till finding of Family Court regarding maintenance issue.
(ii) That payment for the month of March be made in cash at the time of furnishing bail bond, whereas maintenance amount from the month of April onwards be paid through bank account of O.P. No. 2/wife, if not available same be opened by petitioner on his expenditure.
4/4 (iii) That if petitioner fails to pay ad-interim maintenance for two consecutive months, the bail bond of petitioner shall be cancelled by the learned trial court, itself, if pressed by O.P. No. 2/wife."
(Chandra Shekhar Jha, J) archana/- U T