Suved Kumar @ Suved Kumar Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23647 of 2016 Arising Out of PS.Case No. -1863 Year- 2014 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Suved Kumar @ Suved Kumar Mandal son of Girija Nand Mandal. .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-05-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

It is submitted by learned counsel for the petitioner that the petitioner admits marriage with the complainant and is ready to keep her as wife with full dignity and honour but the complainant herself is not ready to resume the conjugal life, which also gets reflected from the impugned order. It is further submitted that in pursuance to the order passed in Matrimonial Suit No. 1113 of 2014 filed for restitution of conjugal right, the petitioner is making payment of interim maintenance of Rs. 3,000/- per month,

Patna High Court Cr.Misc. No.23647 of 2016 (2) dt.26-05-2016 2/2 statement to that effect has been made in para 11 of the petition, relevant part of the same reads as follows:- "That.... the learned Principal Judge, Family Court, Katihar allow the interim maintenance of Rs. 3,000/- and directed the petitioner to pay the same and the petitioner in compliance of the order of learned Principal Judge paying Rs. 3,000/- per month to the opposite party no.2".

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Katihar in connection with C.A. Case No. 1863 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T