Pravesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13914 of 2022 Arising Out of PS. Case No.-869 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== PRAVESH PASWAN Son of Badri Paswan Resident of Village- Mauna, P.S.- Baruraj, District- Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rinju Kumari W/o Pravesh Paswan, D/o- Rajendra Paswan Resident of Village- Godhwa, P.S.- Muffasil (Motihari), District- East Champaran, Motihari.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra,Advocate For the Opposite Party/s :
Mrs.Pushpa Sinha,APP Mr.Abhishek Kumar,Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-08-2022 Heard learned counsel for both the parties.
The petitioner, husband of complainant/O.P.-2, apprehends his arrest in Complaint Case No. C-869 of 2020 registered for the offence under Section 498(A) of the Indian Penal Code.
As per the prosecution case, this petitioner is alleged to have committed cruelty and torture for dowry with the complainant/O.P.-2.
Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, starting from this month to complainant/O.P.-2.
Patna High Court CR. MISC. No.13914 of 2022(2) dt.17-08-2022 2/3 In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five 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 J.M. 1st Class-cumA.M., Sadar, Motihari, East Champaran / concerned court, in connection with Complaint Case No. C-869 of 2020 on the following conditions:
(1.) Complainant/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 complainant/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
Patna High Court CR. MISC. No.13914 of 2022(2) dt.17-08-2022 3/3 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