Raushan Kumar @ Ravshan Kumar @ Raushan Yadav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 30372 of 2019 Arising Out of PS. Case No.-268 Year-2015 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Raushan Kumar @ Ravshan Kumar @ Raushan Yadav Kumar aged about 23 years, Gender Male, Son of Mr. Hirdi Yadav Resident of Village-Barahara, Police Station-Gogri, District-Khagaria.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Dhanju Kumari, Daughter of Umesh Yadav, Resident of village Sri Chandrapur, P.S. Sahebpur Kamal, District - Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeet Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6.

18-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in Sahebpur Kamal P.S. Case No. 268 of 2015 (G.R. No. 2734 of 2015) registered for the offence under Sections 307 & other allied sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.. Earlier, vide order dated 09-09-2019, the matter was sent to Mediation Centre for settlement of dispute between the parties, but from perusal of Mediator's report dated 04-12-2019 (Flag 'X'), it appears that mediation has failed. Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 2,000/- (two thousand) per month, starting from this month, to complainant/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. 2,000/- (two thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the

Patna High Court CR. MISC. No.30372 of 2019(6) dt.18-02-2020 2/2 above-named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Begusarai in connection with Sahebpur Kamal P.S. Case No. 268 of 2015 (G.R. No. 2734 of 2015) 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 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 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