Munna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54271 of 2021 Arising Out of PS. Case No.-127 Year-2021 Thana- MANER District- Patna ====================================================== MUNNA RAI Son of Lallan Rai Resident of the Village- Leela Tola Bluan, P.S.- Maner, District- Patna.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Neelam Devi Wife of Munna Rai, Daughter of Bindeshwar Rai Resident of Village- Shekhuchak Madhiyapur, P.S.- Shahpur, District- Patna. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Usha Kumari Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 31-08-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month. Heard learned counsel for the petitioner as well as learned counsel for the informant.

The petitioner apprehends his arrest in connection with Maner P.S. Case No. 127 of 2021, registered for the offences punishable under Sections 498 A, 494 IPC & 3/4 of the Indian Penal Code.

As per allegation, the marriage of the informant Neelam Devi was solemnized with the petitioner in the year 2014. There is allegation that the petitioner and other accused persons subjected the informant to atrocities for non-fulfillment of demand of dowry of rupees three lac cash. There is also allegation that the petitioner who

Patna High Court CR. MISC. No.54271 of 2021(4) dt.31-08-2022 2/3 is husband of the informant has solemnized his second marriage. Learned counsel for the petitioner has submitted that the petitioner is innocent he wanted to keep the victim with him but she is not ready to reside with him. He has also denied that he has solemnized his second marriage. He has further submitted that the petitioner if so ordered may make a payment of Rs. 3,000/- per month as interim maintenance to the petitioner. Learned counsel for the informant has submitted that the monthly maintenance amount offered by the petitioner is not adequate for maintenance of the informant and her two children. The petitioner is directed to adhere with his words and to make payment of Rs. 3,000/- per month offered by him to the informant.

The amount as mentioned above shall be liable to be set off if the informant is granted maintenance by the court of competent jurisdiction. If the petitioner fails to adhere to his words, the learned court below shall be at liberty to cancel his bail bond.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Nutan Kumar learned Judicial Magistrate 1st

Patna High Court CR. MISC. No.54271 of 2021(4) dt.31-08-2022 3/3 Class, Danapur, Patna in connection with Maner P.S. Case No. 127 of 2021, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court. (Nawneet Kumar Pandey, J) SONALI/- U T