Bajarangi Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31931 of 2021 Arising Out of PS. Case No.-351 Year-2019 Thana- JHAJHA District- Jamui ====================================================== BAJARANGI RAM SON OF LATE DAMODAR RAM R/O VILLAGEORAIYA, P.S.- JHAJHA, DISTRICT- JAMUI. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANJALI KUMARI WIFE OF BAJRANGI RAM R/O VILLAGE- RAJLA ORAIYA, P.S.- JHAJHA, DISTRICT- JAMUI.

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

For the Petitioner/s :

Mr. Rahul Kumar For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 21-01-2022 Heard learned counsel for the parties through video conferencing.

This application for anticipatory bail arises out of Jha Jha P.S. Case No. 351/2019 for the offence punishable under Section 341/323/498-A/406/379/504/34 of the Indian Penal Code.

Upon interacting the parties, it seems that they are not ready to settle their dispute for the present. Learned counsel for the petitioner has offered to pay interim maintenance of Rs.10,000/- (Ten Thousand) to the opposite party no.2 beginning from January, 2022. Considering the fact that there are allegations and

2/4 counter allegations made by both the parties against each other, which cannot tested by this Court in this proceeding, this application is allowed.

Let the petitioner, above named, in the event of his arrest/surrender within 12 weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Jamui, in connection with Jha Jha P.S. Case No. 351/2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall regularly pay interim maintenance of Rs.10,000/- to the opposite party no.2 beginning from January, 2022 which shall be paid by the 15th of February, 2022 and, thereafter, it shall be regularly transferred to the bank account of the opposite party no.2 by the 15th day of every month. Any default in making payment of interim maintenance amount of Rs.

10,000/- will result in the cancellation of the bail bonds/arrest of the petitioner. Learned counsel for the opposite party no.2 is directed to provide the bank account details of opposite party No. 2. Learned counsel for the opposite party No. 2 submits that opposite party no.

3/4 Maintenance Case No. 108(M) of 2019 in the Court of Principal Judge, Family Court, Jamui.

The Principal Judge, Family Court, Jamui, is directed to dispose of the maintenance case within a period of three months from today.

The petitioner is directed to appear through his Advocate in the Court of learned Principal Judge, Family Court, Jamui on 08.02.2022 and, thereafter, the Principal Judge, Family Court, Jamui, shall fix a date for hearing of the case and dispose of the same within the period as indicated above.

Learned counsel for the petitioner submits that the petitioner has filed a divorce case vide Matrimonial Case No. 93 of 2019 pending in the Court of learned Principal Judge, Family Court, Jamui.

Learned counsel for the opposite party no.2 undertakes to appear in the aforesaid Matrimonial Case in the Court of learned Principal Judge, Family Court, Jamui, by 15.02.2022. Thereafter, the Principal Judge, Family Court, Jamui will proceed with the Matrimonial Case and shall decide the same expeditiously preferably within a period of six months from the date of receipt of the records of the case in his Court. The Principal Judge, Family Court, Jamui, will not grant

4/4 unnecessary adjournment to either of the parties in the maintenance case or in the divorce case.

It is also expected that both the cases shall be heard on the same date so that the parties do not suffer unnecessarily. Let this order be communicated to the Principal Judge, Family Court, Jamui through FAX or e-mail.

Put up this case on 20.04.2022 awaiting the report of the maintenance case and divorce case.

(Sandeep Kumar, J) Saif/-Sanjeev U T