Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19570 of 2022 In CRIMINAL MISCELLANEOUS No.27509 of 2021 Arising Out of PS. Case No.-212 Year-2020 Thana- NAUGACHIA District- Bhagalpur ====================================================== SUMANT KUMAR son of Surendra Prasad Yadav Resident of Village - Maranga, P.S. - Maranga, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Megha Kumari, D/o-Kailash Yadav son of late Babaji Yadav, Resident of Village - Naya Tola, Naugachiya, Ward No. 23, P.S. - Naugachiya, Distt.- Bhagalpur.

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-06-2022 Heard learned counsel for the petitioner and learned counsel for the opposite party No. 2 including learned Additional Public Prosecutor for the State.

Vide order dated 11.01.2022 passed in Cr. Misc. No. 27509 of 2021, the petitioner was granted provisional bail for a period of four months in connection with Naugachiya P.S. Case No. 212 of 2020 registered for the offences punishable under Sections 498-A/307/494/34 of the Indian Penal Code and Section 3/4 of the D.P. Act.

Today, at the very outset, learned counsel for the petitioner has offered to pay a maintenance amount of Rs.

Patna High Court CR. MISC. No.19570 of 2022(3) dt.22-06-2022 2/3 10,000/- (Rupees Ten Thousand) per month to the opposite party No. 2.

Considered the submission of the parties.

This is a case triable by the magistrate and considering the law laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the provisional bail granted to the petitioner vide order dated 11.01.2022 passed in Cr. Misc. No. 27509 of 2021 is hereby confirmed.

It is made clear that if the petitioner fails to give monthly maintenance of Rs. 10,000/- per month till the disposal of the maintenance case from the month of June, 2022 onward to the opposite party No. 2, his bail bonds are liable to be cancelled.

The aforesaid maintenance amount shall be transferred by the petitioner in the bank account of opposite party No. 2 by 15th day of each month. Details of the bank account shall be furnished by the opposite party No. 2 to the petitioner. The aforesaid maintenance amount will be subject to outcome of final order passed in the maintenance case by a competent Court.

It is expected that the criminal case in which the

Patna High Court CR. MISC. No.19570 of 2022(3) dt.22-06-2022 3/3 petitioner is accused will be disposed of expeditiously. With the aforesaid observations and directions, this application is allowed.

(Sandeep Kumar, J) Saif/- U T