Tusun Kumar @ Kishan Yadav @ Tusan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34121 of 2019 Arising Out of PS. Case No.-220 Year-2018 Thana- KOTWALI District- Munger ====================================================== Tusun Kumar @ Kishan Yadav @ Tusan Kumar, Son of Rampreet Yadav, Resident of Village - Belchhi, P.S.- Belchhi, Dist.- Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chameli Devi @ Priyanka Devi D/o Sudhir Prasad Yadav Resident of Village - Ganganagar, P.S.- Kotwali, Dist.- Munger. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no.2, apprehends his arrest in G.R. No. 1753 of 2018 arising out of Kotwali P.S. Case No. 220 of 2018 registered for the offence(s) under Section(s) 494/498(A)/328/34 of Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Earlier, vide order dated 13.08.2019, the matter was sent to Mediation and Conciliation Centre of Patna High Court for settlement of dispute between the parties, in this regard, Mediator's report dated 09.01.2020 was received which is kept at flag 'M-2'. From perusal of the Mediator's report dated 09.01.2020, it appears that mediation has failed.

Patna High Court CR. MISC. No.34121 of 2019(4) dt.14-02-2020 2/3 Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5,000/- (Rupees Five Thousand) per month, starting from this month, to opposite party no.2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (Rupees Five Thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Akhilesh Pandey, S.D.J.M., Munger, in connection with G.R. No. 1753 of 2018 arising out of Kotwali P.S. Case No. 220 of 2018 on the following conditions:

"(1) Opposite party no.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 opposite party no.2.

(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court

Patna High Court CR. MISC. No.34121 of 2019(4) dt.14-02-2020 3/3 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 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 tamers 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) Ankit/- U T