Ajit Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29553 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- MAHILA P.S. District- Rohtas ====================================================== AJIT KUMAR PANDEY, S/o Birendra Pandey, R/o Village- Karnaul, P.O.- Chandi, P.S.- Charpokhari, District- Bhojpur, Presently Posted as Constable G.D. 136 Bn, C.R.P.F. Nalbari Sariya Toli, Assam ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Kumari, D/o Som Nath Upadhyay, R/o village- Osawaon, P.S.- Kachawan, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Mishra For the Opposite Party/s :
Mr. Jitendra Prasad Singh, Advocate Mr. Rajeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Rohtas Mahila P.S. Case No. 62 of 2021 registered for the offences punishable under Sections 341, 323, 313, 504, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.
3. As per prosecution case, the informant married with the petitioner on 27.06.2018 but after sometime her in-laws started demanding dowry and on non-fulfillment of demand of dowry they started assaulting and abusing her and ousted her from matrimonial house.
Patna High Court CR. MISC. No.29553 of 2022(6) dt.04-09-2023 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and he undertakes to make payment of total Rs. 10,000/- per month to the informant and their minor daughter as their maintenance. He further submits that the petitioner is already paying Rs. 5,000/- per month to the informant in this regard which shall be adjusted / deducted from the said total monthly maintenance amount. He undertakes to make payment of the aforesaid amount regularly.
5. Learned APP as well as the learned counsel for the respondent has no objection on this undertaking.
6. In view of the undertaking by petitioner and considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Rohtas Mahila P.S. Case No. 62 of 2021, subject to the conditions as laid down under Section 438 (2) of
Patna High Court CR. MISC. No.29553 of 2022(6) dt.04-09-2023 3/3 the Code of Criminal Procedure and on further condition that: (i) Petitioner shall comply the undertaking stated in para 4 of this order.
(ii) 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. (iii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the above conditions imposed upon him his bail bond will be liable to be cancelled by the Court concerned. (Sunil Dutta Mishra, J) khushbu/- U T