Deepak Kumar @ Deepak Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34776 of 2022 Arising Out of PS. Case No.-343 Year-2019 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== DEEPAK KUMAR @ DEEPAK KUMAR SAH Son of Shambhu Sah Resident of Village - P.O.- Vajidpur, P.s.- Vidhyapati Nagar, Distt.- Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sanjana Kumari W/o Deepak Kumar Resident of Village - and P.O.- Vajidpur, P.s.- Vidhyapati Nagar, Distt.- Samastipur, D/o Mahesh Sah, Resident of Village - Pakari Bazar, PO.- Bhairopur Deurhi, P.s.- Bidupur, Distt.- Vaishali.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Bela Singh For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner, State and complainant/opposite party no. 2.

The petitioner, husband of complainant/O.P.-2, apprehends his arrest in a case punishable for the offence under Section 498(A) of the Indian Penal Code.

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. 3,000/- (three thousand) per month, starting from this month, to the complainant/O.P.-2.

Patna High Court CR. MISC. No.34776 of 2022(2) dt.01-11-2022 2/3 In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) 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 Judicial Magistrate 1st Class, Vaishali at Hajipur in connection with Tr. No. 1122 of 2020, arising out of Complaint Case No. 343 of 2019, 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 and shall remain physically present, as directed by the Court and

Patna High Court CR. MISC. No.34776 of 2022(2) dt.01-11-2022 3/3 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