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Patna High CourtCR. MISC./30489/2022bail granted

Jitendra Kumar v. The State Of Bihar

2023-01-10Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30489 of 2022 Arising Out of PS. Case No.-1602 Year-2019 Thana- COMPLAINT CASE District- Banka ====================================================== JITENDRA KUMAR SON OF NAWAL KISHORE MANJHI R/O VILLAGE- MAHADEVPUR, P.S.- AMARPUR, DISTRICT- BANKA ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

NUTAN KUMARI D/O- AJAY KAMTI R/O VILLAGE- LOKALA, P.O.- MANJIRA, P.S.- BANKA, DISTRICT- BANKA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Complaint Case No. 1602 of 2019 instituted under Sections 498(A), 379, 323, 504, 506/34 of the Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act. The allegation in the FIR is that the petitioner married the lady in 2019 but later started torturing for demand of Rs. 1 lakh and Hero Honda motorcycle and the further allegation is that she was badly assaulted causing head injury and lastly on 25.7.2019, she had to left her matrimonial house after she got beating from her husband (the petitioner herein) who also snatched her jewellery.

Patna High Court CR. MISC. No.30489 of 2022(3) dt.10-01-2023 2/2 Learned counsel for the petitioner submits the petitioner husband is ready to pay Rs. 6000/- per month to the opposite party No. 2 (Nutan Kumari).

Learned APP opposes the prayer for bail.

Taking into account all the aforesaid facts, this Court is inclined to grant him relief subject to payment of Rs. 6000/- per month beginning January, 2023 to the opposite party No. 2 (Nutan Kumari). Failure to do so by 10th of every month, the opposite party No. 2, Nutan Kumari shall be free to take steps for cancellation of his bail. The Bank Account number of the opposite party no.2 shall be provided to the petitioner. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Complaint Case No. 1602 of 2019 to the satisfaction of learned Sub-Divisional Judicial Magistrate/Successor Court, Banka, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Rajiv Roy, J) Prakash Narayan/ Ajay Singh U T