Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15095 of 2020 Arising Out of Case No.-789 Year-2016 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== ANIL KUMAR S/o Sri Phulendra Prasad @ Bhim Singh Resident of New Thana, Near Rahul Masala, P.S.- Budha Colony, Distt- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Priya W/o Anil Kumar Resident of Shahganj, Mushallahpur, P.S.- Sultanganj, P.O.- Mahendru, Distt- Patna.

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2022 Heard learned counsel for the parties.

The petitioner, husband of Complainant, apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits and offers that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month to the Complainant, starting from this month.

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, the petitioner abovenamed, in the event of his arrest/surrender within a period of six

Patna High Court CR. MISC. No.15095 of 2020(3) dt.08-08-2022 2/3 weeks from today, 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 Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 789 (C) of 2016 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 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.

Patna High Court CR. MISC. No.15095 of 2020(3) dt.08-08-2022 3/3 (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) BKS/- U T