Kumud Chiranjeev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42730 of 2019 In CRIMINAL MISCELLANEOUS No.69447 of 2018 Arising Out of PS. Case No.-44 Year-2017 Thana- MAHILA P.S. District- Saran ====================================================== KUMUD CHIRANJEEV, Son of Sri Bipin Bihari Rastogi, Resident of Mohalla - Arya Nagar, Kathari Bagh, P.S.- Chapra Town, District - Saran. ... ... Petitioner/s
Versus
1.The State of Bihar Bihar
2. Chandani Rastogi, W/o Kumud Chiranjeev, D/o Harishankar Rastogi, resident of village- Parsa Garh, P.S.-Ekma, District- Saran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Mistry, Advocate Mr. Sanjay Kumar, Advocate For the Opposite Party/s :
Mr. Ravindra Singh, Advocate Mr. Srinath, Advocate Mr. Rajesh Roy, Advocate For the State :
Mr. Jharkhandi Upadhyay, In-charge APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-12-2021 Heard the parties.
Both the parties appear in person in this case. This application for anticipatory bail arises out of Mahila P.S. Case No. 44 of 2017 for the offence punishable under Sections 341, 323, 498(A)/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.
The petitioner is accused of torturing his wife. Earlier he was granted interim protection, but now the court below has cancelled his bail bond.
The petitioner has offered to pay maintenance of
Patna High Court CR. MISC. No.42730 of 2019(5) dt.02-12-2021 2/3 Rs.15,000/- (fifteen thousand) per month to the opposite party no.2 and her daughter during pendency of this criminal case, subject to modification by any competent Court. In such view of the matter, the application for anticipatory bail is allowed.
Let the petitioner, above named, in the event of his arrest/surrender within four weeks from today in the Court below, 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 learned Sub-divisional Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure and subject to further condition that the petitioner will transfer Rs.15,000/- per month in the account of opposite party no. 2 by 10th of every month. If the petitioner fails to pay the aforesaid amount, it will result into cancellation of his bail bond. It has been submitted that opposite party no.2 has filed Maintenance Case No. 72 of 2019 in the Court of Principal Judge, Family Court, Chapra.
The Principal Judge, Family Court, Chapra is directed to decide the aforesaid Maintenance Case within three months from today. There is no need of issuance of any notice to the
Patna High Court CR. MISC. No.42730 of 2019(5) dt.02-12-2021 3/3 petitioner by the Principal Judge, Family Court, Chapra in the maintenance case as now the petitioner has knowledge about pendency of that case. The petitioner will appear before the Family Court, Chapra on 07.12.2021 (Tuesday) with a web copy of this order and on that date the Principal Judge, Family Court, Chapra will fix a firm date for next hearing and thereafter without any undue delay dispose of this Maintenance Case. With the aforesaid observation and direction, prayer for anticipatory bail is allowed.
(Sandeep Kumar, J) pravinkumar/- U