Abhay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30916 of 2014 Arising Out of PS.Case No. -258 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Abhay Kumar, Son of Dr. Ram Jinish Rai, resident of village- Marai, P.S.- Jandaha, Distt.- Vaishali.

.... .... Petitioner

Versus

1. The State of Bihar

2. Supriya Kumari, D/o Sri Devendra Rai, resident of village- Langrao, P.S.- Mahua, Distt.- Vaishali.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh, Adv. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Complaint Case No. 258 of 2014 registered for the offences punishable under Section 498 A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, seeks the privilege of pre-arrest bail.

The learned counsel for the petitioner after some argument submits that the petitioner has withdrawn Divorce Case as it was agreed that both the parties will withdraw the cases filed by themselves and the petitioner is ready to maintain the

Patna High Court Cr.Misc. No.30916 of 2014 (2) dt.27-01-2015 complainant and minor daughter and for which he is ready to pay Rs. 8,000/- per month to the complainant and her daughter, to which the learned counsel for the complainant is also ready. In the light of oral undertaking given by the learned counsel for the petitioner, with condition that the petitioner shall pay Rs. 8,000/- per month to the complainant regularly for her maintenance as well as the maintenance of her minor daughter, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali in connection with Complaint Case No. 258 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

, provided the petitioner makes payment by 10th of next month. In case the petitioner fails to carry out his undertaking to pay Rs. 8,000/- per month to the complainant by 10th of each month his bail shall automatically be cancelled. (Jitendra Mohan Sharma, J.)