Abinash Singh @ Avinash Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47488 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- MAHILA P.S. District- Bhojpur ====================================================== ABINASH SINGH @ AVINASH SINGH Son of Baban Singh Resident of Village- Chinegaon, P.S.- Barahara, District- Bhojpur at Ara. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar Mr.Manoj Kumar Singh For the Opposite Party/s :

Mrs.Anita Kumari Singh Mr.Ravindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-07-2022 Heard learned counsel for the parties.

The petitioner, husband of complainant/informant apprehends his arrest in Arrah Mahila P.S. Case No. 77 of 2020 registered for the offence under Sections 323, 498(A) / 34 and section 3 / 4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner is alleged to have committed torture and harassment for dowry with the informant.

Learned counsel for the petitioner undertakes that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, starting from this month to the informant.

In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.47488 of 2021(6) dt.04-07-2022 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five 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 Sessions Judge, Bhojpur at Ara / concerned court in connection with Arrah Mahila P.S. Case No. 77 of 2020 on the following conditions: (1.) Informant 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 informant.

(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.

Patna High Court CR. MISC. No.47488 of 2021(6) dt.04-07-2022 3/3 (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