Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 39047 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- GOPALPUR District- Patna ====================================================== Shankar Kumar, aged about 24 years (Male), Son of Kameshwar Prasad @ Kameshwar Ray of Village- Sirpatpur, P.S.- Gopalpur, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rita Kumari Daughter of Sunil Prasad Resident of Village- Manoharpur, P.S.- Gopalpur, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vikash Kumar For the Opposite Party/s :

Mr.Rabindra Kumar Mr. Sudhanshu Shekhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5.

20-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in Gopalpur P.S. Case No. 64 of 2019 registered for the offence under Section 498(A) of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Earlier, vide order dated 20-09-2019, the matter was sent to Mediation Centre for settlement of dispute between the parties, but from perusal of Mediator's report dated 14-02-2020 (Flag 'N'), 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. 2,500/- (two thousand & five hundred) per month, starting from this month, to opposite party no. 2, which has been agreed by the counsel for opposite party no. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2,500/- (two thousand & five hundred) per month, in the

Patna High Court CR. MISC. No.39047 of 2019(5) dt.20-02-2020 2/2 event of 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 learned Sub-Judge IX cum Additional Chief Judicial Magistrate, Patna in connection with Gopalpur P.S. Case No. 64 of 2019 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 the 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 bail-bond.

(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 bail-bond shall be cancelled by the Court below.

(5) If the petitioner tampers with the evidence or the 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.) anay U T