Patna High CourtCR. MISC./39523/2019bail granted

Vikash Kumar v. The State Of Bihar

2020-02-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39523 of 2019 Arising Out of PS. Case No.-1646 Year-2017 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== Vikash Kumar Son of Dasrath Sharma Resident of Village-Veethauli, P.S.- Bhagwanpur, District-Vaishali.

... ... Petitioner/s

Versus

The State of Bihar 2.

Radhika Rani W/O Vikash Kumar D/O Upendra Sharma, Resident of Village-Goriyari, P.S.-O.P. Turki, Kudhani, District-Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate Ms. Meena Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP For the Complainant :

Ms. Kumari Vandana, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the parties.

Petitioner apprehends his arrest in a case registered for the offence punishable under section 498(A) of the Indian Penal Code.

Earlier, vide order dated 22.08.2019, the matter was sent to Mediation Centre for settlement of dispute between the parties, but from perusal of Mediator's report dated 14.11.2019 (Flag 'F'), it appears that mediation has failed. Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5,000/- per month, starting from this month, to the Opposite Party No.2.

Patna High Court CR. MISC. No.39523 of 2019(4) dt.19-02-2020 2/3 In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- per month, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner 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 the learned SDJM, West, Muzaffarpur in connection with Complaint Case No. 1646 of 2017 on the following conditions:-

1. Opposite party no.2 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 opposite party no.2.

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 bailbond.

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 bailbond shall be cancelled by the Court below.

5. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.39523 of 2019(4) dt.19-02-2020 3/3 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) S.Katyayan/- U T