Niraj Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28502 of 2021 Arising Out of PS. Case No.-383 Year-2018 Thana- RAJIVNAGAR District- Patna ====================================================== NIRAJ KUMAR SINGH S/o Late Ram Pukar Singh R/o village- Terari Toli, Kailash Nagar, P.S.- Namkun, District- Ranchi ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Neha Kumari W/o Niraj Kumar Singh, D/o Uday Kumar Singh Resident of Rajiv Nagar, Road No. 23H, P.S.- Rajeev Nagar, District- Patna- 800024 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashish Giri For the Opposite Party/s :

Mr.Ajay Kumar No. 2 Mr. Jogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2022 Heard learned counsel for the parties.

The petitioner, husband of informant, apprehends his arrest in Rajiv Nagar PS Case No. 383 of 2018 registered for the offence under Section 497/ 498(A) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

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 informant, 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 above-

Patna High Court CR. MISC. No.28502 of 2021(5) dt.22-08-2022 2/3 named, in the event of his arrest/surrender within a period of six 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 Additional Chief Judicial Magistrate-III, Patna in connection with Rajiv Nagar P.S. Case No. 383 of 2018 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

Patna High Court CR. MISC. No.28502 of 2021(5) dt.22-08-2022 3/3 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) BKS/- U T