Azad Sharma @ Azad Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29983 of 2022 Arising Out of PS. Case No.-4018 Year-2018 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== AZAD SHARMA @ AZAD KUMAR SHARMA SON OF GAYA SHARMA R/O VILLAGE- GALIMAPUR, P.S.- TARAIYA, DISTRICT- SARAN AT CHHAPRA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

ANURADHA KUMARI WIFE OF AZAD SHARMA, W/O- AZAD SHARMA R/O VILLAGE- GALIMAPUR, P.S.- TARAIYA, DISTRICTSARAN AT CHHAPRA , PRESENT ADDRESS- NEW JAN TOLA, RAJENDRA COLLEGE MORE, P.S.- BHAGAWAN BAZAR, DISTRICTSARAN AT CHHAPRA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rananjay Kumar For the Opposite Party/s :

Mr.A.P.P.

Mr.Ajit Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2022 Heard learned counsel for the parties.

The petitioner, husband of complainant/O.P.-2, apprehends his arrest in a case registered for the offence under Sections 323, 498(A)/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

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

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,500/-

Patna High Court CR. MISC. No.29983 of 2022(2) dt.29-09-2022 2/3 (three thousand five hundred) per month, starting from this month, to complainant/O.P.-2.

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 Chief Judicial Magistrate, Saran at Chapra in connection with Complaint Case No. 4018 of 2018 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

Patna High Court CR. MISC. No.29983 of 2022(2) dt.29-09-2022 3/3 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