Abhishek Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25340 of 2017 Arising Out of PS.Case No. -17 Year- 2017 Thana -MAHILA PS District- JEHANABAD ======================================================
1. Abhishek Kumar, son of Mahavir Prasad Keshari, resident of Purani Bazar, Masaurhi, P.S.- Masaurhi, Dist- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Seema Kumari wife of Abhishek Kumar, D/o Sri Mahendra Prasad Keshari, R/o Raj Bazar, P.S.- Jehanabad, Dist- Jehanabad. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the informant.
Petitioner being the husband is facing accusations punishable under Section 498A of the IPC.
The marriage was performed in 2015 whereas the FIR was lodged on 25.3.2017. Learned counsel for the petitioner submits that on 03.11.2016 the petitioner had filed a divorce case (Annexur-3) in which notice was issued on 25.2.2017 whereafter the present case has been lodged. Referring to the FIR, it is stated that the husband had provided all medical care to her inasmuch as she was even treated at the AIMS New Delhi. For procuring the privilege of anticipatory bail, he would be ready and willing to
Patna High Court Cr.Misc. No.25340 of 2017 (2) dt.06-07-2017 2/3 deposit the amount to his wife as directed by the Court. In the facts and circumstances of the case, in the event of his arrest or surrender before the Court below within a period of four weeks from today, the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Jehanabad, Dist Jehanabad in connection with Mahila (Jehanabad) P.S. case no. 17 of 2017, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with the further following conditions:- (i) One of the bailors shall be the own/close family member of the petitioner.
(ii) The petitioner shall continue to pay a sum of Rs. 1,500/- (One thousand five hundred) per month beginning from August, to the informant(wife) until the wife claims maintenance and the appropriate Court grants maintenance in her favour. If the petitioner defaults the
Patna High Court Cr.Misc. No.25340 of 2017 (2) dt.06-07-2017 3/3 informant shall be at liberty to approach the Court below for cancellation of the bail of the petitioner for non compliance of the condition of bail.
(Kishore Kumar Mandal, J) Shyam/- U T