Shantanu Kumar @ Ranvijay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38444 of 2019 Arising Out of PS. Case No.-150 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== SHANTANU KUMAR @ RANVIJAY Son of Late Ganga Prasad Resident of Village - Lalganj, P.S.- Chandi, P.O.- Chandi, Distt - Nalanda at present as Constable, Vigilance Investigation Bureau, 06, Circular Road, P.S.- Sachivalaya, Distt - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Srivastava For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the parties.

Petitioner is apprehending his arrest in connection with Shastri Nagar P.S.Case No.150 of 2017 dated 18.3.2017 , registered for offences punishable under Sections 498A, 341, 323, 504, 506 and 379 of the Indian Penal Code. Case is under Section 498A of the IPC with allegation of demand and torture. The matter was referred to the Mediation Centre and the Mediator's report is available at Flag 'M', which shows that the dispute could not be resolved in spite of best and sincere efforts.

Submission of the learned counsel for the petitioner is that he is working as a constable and he is paying maintenance

Patna High Court CR. MISC. No.38444 of 2019(4) dt.17-10-2019 2/2 to the children as per the order of the learned Magistrate dated 28.8.2019 and the amount is deducted from his salary. O.P.no.2 has also filed a maintenance case in which the petitioner has appeared. Petitioner has also filed a divorce case against the complainant.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, this application is allowed and vide order dated 28.6.2019 granting provisional bail is confirmed on the condition that the petitioner has to cooperate in the maintenance case pending before the learned Principal Judge, Family Court, otherwise O.P.no.2 is at liberty to move for cancellation of his bail bond before the learned court below itself.

With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T