Sumit Kumar Singh @ Sumit Singh @ Sumit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24804 of 2022 Arising Out of PS. Case No.-691 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== SUMIT KUMAR SINGH @ SUMIT SINGH @ SUMIT Son of Sri Siya Sharan Singh Resident of Village - Makrand, P.S.- Jhajha, Distt.- Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Megha W/o Sumit Kumar Singh, D/o Sri Mohan Kumar Presently Resident of Village - Lohanipur , Kashi Nath Lane, P.s.- Kadamkuan, Distt.- Patna.

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

For the Petitioner/s :

Mr.Amar Prakash For the Opposite Party/s :

Mrs.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-09-2022 Heard learned counsel for the parties.

The petitioner, husband of complainant/O.P.-2, apprehends his arrest in a case punishable for the offence under Sections 498(A), 323, 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 for dowry.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,500/- (three thousand five hundred) per month, starting from this month, to complainant/O.P.-2.

Patna High Court CR. MISC. No.24804 of 2022(2) dt.12-09-2022 2/3 In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,500/- (three thousand five hundred) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named 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 Judicial Magistrate 1st Class, Patna in connection with Complaint Case No. 691-C of 2021 on the following conditions: (1.) Complainant/O.P.-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 complainant/O.P.-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

Patna High Court CR. MISC. No.24804 of 2022(2) dt.12-09-2022 3/3 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