Shri Dayal Keshari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19420 of 2022 Arising Out of PS. Case No.-513 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SHRI DAYAL KESHARI SON OF SITARAM KESHARI R/O VILLAGEKATESAR, P.S.- RAMNAGAR, DISTRICT- CHANDAULI (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

V. LAXMI KESHARI @ DIPMALA KUMARI WIFE OF SHRI DAYAL KESHARI R/O VILLAGE- KATESAR, P.S.- RAMNAGAR, DISTRICTCHANDAULI (U.P.), AT PRESENT RESIDE WITH HER FATHER NAMELY LAXMAN PRASAD KESHARI, R/O- BHABUA, WARD NO.- 18, P.S.- BHABUA, DISTRICT- KAIMUAR AT BHABUA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP Mr.Chandra Mohan Jha Mr.Rakesh Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2022 Heard learned counsel for the parties.

The petitioner, husband of complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner is alleged to have committed torture and harassment for dowry with the complainant/O.P.2.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.19420 of 2022(2) dt.31-08-2022 2/3 petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month to complainant/O.P.-2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three 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 Additional Chief Judicial Magistrate-3, Kaimur at Bhabua in connection with Complaint Case No. 513 of 2021 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 complaianant/O.P.-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 cooperate in the trial and shall be

Patna High Court CR. MISC. No.19420 of 2022(2) dt.31-08-2022 3/3 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.

(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