Raj Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24327 of 2019 Arising Out of PS. Case No.-304 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Raj Kumar Sah aged about 27 years (Male) Son of Rameshwar Prasad Sah @ Langru Sah, Resident of Village-Chauhaniya Telipatti, P.S-Madhuban, District-East Champaran.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Vinita Kumari Wife of Raj Kumar Sah Presently living with her father Jai Kishun Sah, Resident of Village-Basra Kaji, P.S.-Saraiya, Jaintpur O.P. District-Muzaffarpur.

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

18-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in Complaint Case No. 304 of 2017 (Trial No. 3911 of 2018) registered for the offence under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act..

Earlier, vide order dated 19-07-2019, the matter was sent to Mediation Centre for settlement of dispute between the parties, but from perusal of Mediator's report dated 29-11-2019 (Flag 'B'), it appears that dispute between the parties not settled. Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 2,000/- (two thousand) per month, starting from this month, to complainant/opposite party no. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of

Patna High Court CR. MISC. No.24327 of 2019(5) dt.18-02-2020 2/2 Rs. 2,000/- (two thousand) per month, in the event of arrest/surrender within a period of eight weeks from today, let the above-named petitioner 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 learned S.D.J.M., West Muzaffarpur in connection with Complaint Case No. 304 of 2017, Trial No. 3911 of 2018 on the following conditions: "(1) Opposite party no. 2 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 opposite party no. 2.

(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 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.) anay U T