Mayank Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29169 of 2020 Arising Out of PS. Case No.-489 Year-2019 Thana- MASHRAK District- Saran ====================================================== Mayank Tiwari aged about 24 years S/O Arjun Tiwary Resident Of VillageHansapir, P.S-Mashrakh, District-Saran At Chapra. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mrityunjay Kr.Tiwary, Advocate For the State :

Mr. Akbar Ali, APP For the informant Mr. Suresh Pd.Singh No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner, the State and the informant Puja Kumari.

The petitioner, who is husband of the informant, Puja Kumari, D/o Om Prakash Tiwari, resident of Village Hansapeer, Police Station Mashrakh, Saran, presently residing at Dumra Bishan Tola, Police Station Zamo Bazar, Siwan, apprehends arrest in a case registered for the offence punishable under Sections 498A/406 and other allied sections of the Indian Penal Code and sections 3⁄4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is ready to give maintenance amount of Rs. 2500/-per month, starting from this month, to the informant. In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.29169 of 2020(4) dt.04-03-2021 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 2500/- per month, in the event of arrest/surrender within a period of eight weeks from today, 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 the Additional Chief Judicial Magistrate VI, Saran at Chapra in Masrakh Police Station Case No. 489 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as 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 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 co-operate 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

Patna High Court CR. MISC. No.29169 of 2020(4) dt.04-03-2021 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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) shashi U T