Sudama Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18142 of 2019 Arising Out of PS. Case No.-292 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Sudama Prasad Singh Son of Mahendra Prasad Singh Resident of Boundary P.C.O. Govt. Colony Road, Tasbera Near B.D.O. Office, P.S.- Gomia, District- Bokaro (Jharkhand) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Namita Kumari Wife of Sudama Prasad Singh Resident of Boundary P.C.O. Govt. Colony Road, Tasbera Near B.D.O. Office, P.S.- Gomia, DistrictBokaro (Jharkhand), D/o Shri Prabhakar Narayan Singh, resident of Mohalla- Masud Bigha, P.S.- Barh, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 292 of 2017, disclosing offences under Section 498(A)of the Indian Penal Code. Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand. Submission of learned counsel for the petitioner is that as a matter of fact she is residing in the house of the petitioner at Gomia and the allegation is false and concocted. On the other hand learned counsel for the opposite party no.2 while showing a certified copy of the order passed in a maintenance case, which disclosed that the petitioner was directed to pay Rs.4,000/- per month to the opposite party no.2 for her

Patna High Court CR. MISC. No.18142 of 2019(4) dt.17-05-2019 2/2 maintenance, but uptil now not a single penny has been paid by the petitioner.

Having heard both sides, in view of the facts and circumstances of the case, let the petitioner surrender before the court below on 04.06.2019 and produce the paper that he is paying the maintenance amount to the opposite party no.2 and also file an application that he is ready to pay the maintenance amount, on that the petitioner will be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Barh, Patna, in connection with Complaint Case No. 292 of 2017, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. The opposite party no.2 shall supply the account number to the petitioner either by telephone or Whatsapp or by any other means so that the payment be made.

It is also made clear that if the petitioner fails to pay the amount for 3 months continuously, the opposite party no.2 shall be at liberty to move for cancellation of bail bonds of the petitioner before the court below itself.

(Vinod Kumar Sinha, J) Amjad/- U T