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Patna High CourtCR. MISC./20743/2022bail granted

Aman Kumar Singh v. The State Of Bihar

2023-01-09Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20743 of 2022 Arising Out of PS. Case No.-572 Year-2019 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== AMAN KUMAR SINGH Son of Baliram Singh Resident of Village - Khajuria, P.S.- Mufasil ara, Distt.- Bhojpur. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sujata Rani W/o Aman Kumar Singh , D/o Arun Kumar Ray Resident of Village - Tenuaj, P.S.- Natwar, Distt.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh,Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner apprehends his arrest in connection with Complaint Case No. 572 of 2019 for the offence registered under Section 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

As per the complaint, the petitioner alleged that the marriage took place on 2010 but for want of an Alto car, she was being tortured and lastly she has been ousted in 2018. Accordingly cognizance taken amongst other under Section 498(A) of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Patna High Court CR. MISC. No.20743 of 2022(3) dt.09-01-2023 2/3 Learned counsel for the petitioner submits that she left the home along with child on her own for which he has already preferred Matrimonial Case No. 84 of 2019 for restitution of conjugal rights before the Court of learned Principal Judge, Bhojpur at Ara. It is his further submission that till any order is passed by the concerned Court below, he intends to give financial assistance to his wife as also the child to the tune of Rs. 10,000/- per month beginning January, 2023 which will merge with any order passed in Matrimonial Case No. 84 of 2019.

Taking into account the aforesaid submission put forward by the learned counsel for the petitioner as also that the Matrimonial Case No. 84 of 2019 is pending before the concerned Court, this Court is inclined to grant him privilege of anticipatory bail subject to payment of Rs. 10,000/- per month from January, 2023 in the bank account of the informant, Sujata Rani by 10th of every month failing which the lady shall take appropriate steps filing by an application before an appropriate Court for cancellation of the order.

Learned Counsel for the informant submits that he will be providing the Account No. of the lady to the learned counsel for the petitioner.

Patna High Court CR. MISC. No.20743 of 2022(3) dt.09-01-2023 3/3 Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M.- Bikramganj (Rohtas) in connection with Complaint Case No. 572 of 2019 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Jagdish/Neha/- U T