Saroj Kumar Sharma @ Saroj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33408 of 2021 Arising Out of PS. Case No.-50 Year-2020 Thana- MAHILA PS District- Darbhanga ====================================================== SAROJ KUMAR SHARMA @ SAROJ SHARMA S/O UMESH SHARMA R/o village- Hanuman Nagar, Ward No. 06, P.S.- Biraul, District- Darbhanga ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Laxmi Kumari @ Laxmi Devi W/o Saroj Sharma R/o village- Thika, P.S.- Biraul, District- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kanchan Jha For the Opposite Party/s :

Mr.Mukeshwar Dayal Mr. Girish Chandra Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2022 Heard learned counsel for the parties.

The petitioner, husband of informant, apprehends his arrest in Mahila PS Case No. 50 of 2020 registered for the offence under Section 498(A) and some other ancillary Sections of the Indian Penal Code .

Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month to the informant, starting from this month.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, the petitioner above-

Patna High Court CR. MISC. No.33408 of 2021(5) dt.23-06-2022 2/3 named, in the event of his arrest/surrender within a period of six weeks from today, 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 Additional Chief Judicial Magistrate-IV, Darbhanga in connection with Darbhanga (Mahila) P.S. Case No. 50 of 2020 on the following conditions: (1.) Informant 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 Informant.

(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 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

Patna High Court CR. MISC. No.33408 of 2021(5) dt.23-06-2022 3/3 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) BKS/- U T