Keshav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38084 of 2019 Arising Out of PS. Case No.-181 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== KESHAV KUMAR Son of Sri Dilip Kumar Pandey Resident of Madapur Chaubey, P.S.- Sadar, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Nitya Nand Tiwary For the Informant : M/S Chandra Mohan Jha, Dhananjay Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Muzaffarpur Sadar P.S. Case No. 181 of 2019 registered for the offences punishable under Sections 498A and 494 of the Indian Penal Code.

Allegation against the petitioner, who happens to be husband of the informant, is that by forging her signature on the compromise petition he obtained bail order in favour of his father and mother from the court below and also he got himself married with another lady.

Submission of learned counsel for the petitioner is that the allegation of illicit relationship with another lady is false and concocted and petitioner has been granted bail by order dated 30.4.2018 passed in Cr.Misc.No. 26293 of 2018 (Annexure-2), thereafter the present case has been filed.

Patna High Court CR. MISC. No.38084 of 2019(3) dt.03-09-2019 2/2 Heard learned APP and learned counsel for the informant, who has opposed the prayer for anticipatory bail of the petitioner on the ground that petitioner has solemnized second marriage and petitioner has committed repeated offence and furthermore the interim maintenance amount of Rs.15,000/- as per order passed in Maintenance Case No. 262 of 2018 has not been paid by the petitioner. On the other hand, submission of learned counsel for the petitioner is that he has filed a Civil Misc. application No. 1047 of 2019 against the above order granting interim maintenance. In view of above facts and circumstances, the provisional bail granted to the petitioner by order dated 26.6.

2019 is confirmed on the condition that petitioner has to pay at least 50% of the interim maintenance amount granted as per order of learned Family Court, Muzaffarpur to the informant by 10th of every month from the date of this order, otherwise informant is at liberty to move for cancellation of his bail bonds and it is made clear that the said payment will be subject to result of the Civil Misc. Application. With the above observation, this application is allowed.