Rinku Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41289 of 2019 Arising Out of PS. Case No.-469 Year-2018 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad ====================================================== RINKU PAL Son of Shivdutt Pal Resident of Village - Kateya, P.S.- Jamhor, District- Aurangabad ... Petitioner

Versus

1.

The State of Bihar 2.

Rupa Devi Wife of Rinku Pal Resident of Kateya, P.S. - Jamhore, DistrictAurangabad. At present Daughter of Rajeshwar Pal, Village - Budhibandh, P.S.- Navinagar, District- Aurangabad ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Ms/Mrs.Leelawati Kumari, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, Addl Public Prosecutor Mr. Ashok Kr.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offence punishable under Section 498A and other sections of the Indian Penal Code.

From perusal of Mediator's report dated 22.11.2019, 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. 3000/-per month, starting from this month, to 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. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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

Patna High Court CR. MISC. No.41289 of 2019(6) dt.26-02-2020 2/2 satisfaction of Additional Chief Judicial Magistrate VII, Aurangabad in Complaint case no. 469/2018, 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) Shashi U T