Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26480 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Ashutosh Kumar, Son of Uday Shankar Prasad Singh, Resident of Village - Dighra Rampur, P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Prerna, Wife of Ashutosh Kr., D/O- Nand Kishore Tiwary, Resident of Near Mithanpura, Masjid Chowk, P.O. - Ramna, P.S.- Mithanpura, DistrictMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-07-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 236 of 2018, disclosing offences under Section 498A of the Indian Penal Code and Section 4 of Dowry Prohibition Act.

Case is under Section 498-A of the IPC. The petitioner happens to be the wife of the informant and there is allegation that he has demanded Rs.5,00,000/- and for that, ousted the informant from the house by assaulting her. Submission of learned counsel for the petitioner is that he has filed a divorce suit against the opposite party no.2, prior to lodging of this case and thereafter, the present case has been registered against him. It has further been submitted that

Patna High Court CR. MISC. No.26480 of 2019(3) dt.08-07-2019 2/3 he is paying the maintenance amount to the opposite party no.2, which will appear from the impugned order dated 31.07.2018 passed by the Principal Judge, Family Court in Maintenance Case no. 31 of 2018.

On the other hand, learned counsel for the opposite party no.2 has opposed the prayer for anticipatory bail on the ground that frivolous divorce case has been filed by the petitioner. However, he is not paying the maintenance to the opposite party no.2 regularly and further allegation is that up till now only Rs.28,000/- has been paid by the petitioner to her. Having heard both sides, in view of the facts and circumstances as stated above, this application is disposed of with a direction to the petitioner that he is to pay 50% of the maintenance amount, which is due towards him, to the opposite party no.2 within a period of four months and also he will pay the current maintenance amount continuously, he will be enlarged on bail by the learned court below on its own satisfaction to the aforesaid condition.

It is also made clear that if he fails to deposit the said 50% dues amount within three months and he failed to deposit the maintenance amount continuously for three months, the opposite party no.2 shall at liberty to move for cancellation of

Patna High Court CR. MISC. No.26480 of 2019(3) dt.08-07-2019 3/3 bail bonds of the petitioner, which will be considered by the learned court below on its own.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T