Arun Kumar Dubey @ Arun Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30362 of 2015 Arising Out of PS.Case No. -1615 Year- 2013 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Arun Kumar Dubey @ Arun Kumar, son of Shri Pasupati Dubey, Resident of Village-Attawa, P.S.-Hathua, District-Gopalganj .... .... Petitioner/s

Versus

1. State of Bihar.

2. Smt. Manju Devi, W/O Arun Kumar Dubey D/O Muna Tiwari, VillAtnsa, P.S. Hathua, Distt.-Gopalganj, at present Village-Semaria, P.S.- Nautan, Distt-Siwan .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. M.Dayal (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 07-08-2015 Heard learned counsel for the petitioner and the learned counsel for the State.

The petitioner is apprehending his arrest in connection with C.No.1615 of 2013, Trial No.4812 of 2013 for allegedly having committed the offence under Section 498A of the Indian Penal Code.

Submission on behalf of the petitioner is that earlier the petitioner was on provisional bail by the order of the learned Sessions Judge on payment of a sum of Rs.1500/- per month as maintenance to the complainant. However, on some wrong premise, opposite party no.2 has contended that she has not been receiving the payment and as such, the petitioner is again apprehending his arrest.

Patna High Court Cr.Misc. No.30362 of 2015 (2) dt.07-08-2015 2/2 Learned counsel for the petitioner has been able to show from the record that the petitioner has been making regular payment to the complainant and, therefore, there is no occasion for such harsh action against the petitioner. Considering the aforementioned submissions and in the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Siwan, in connection with C.No.1615 of 2013, Trial No.4812 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T