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Patna High CourtCR. MISC./59200/2018disposed

Rajeev Kumar Singh @ Rajeev Singh v. State Of Bihar And ANR

2019-04-08Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59200 of 2018 Arising Out of PS. Case No.-298 Year-2015 Thana- BHAGALPUR COMPLAINT CASE District- Bhagalpur ====================================================== RAJEEV KUMAR SINGH @ RAJEEV SINGH Son of Sri Vinay Prasad Singh, Resident of Village- Udhadih, Police Station- Sultanganj, DistrictBhagalpur. ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Karuna Devi, Wife of Rajeev Kumar Singh, Daughter of Nageshwar Singh, Resident of Village- Kola Khurd, Police Station- Jagdishpur, DistrictBhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Bhagalpur Complaint Case no.298 of 2015 registered for offences punishable under Sections 498(A), 323, 504, 379/34 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

Allegation against the petitioner is of subjecting his wife O.P.no.1 to cruelty and harassment with respect to demand of dowry and ousted his wife.

Submission of the learned counsel for the petitioner is that he is still ready to keep her and the whole allegation of

Patna High Court CR. MISC. No.59200 of 2018(5) dt.08-04-2019 2/3 torture and demand is false and concocted.

Heard learned A.P.P. and the learned counsel for the complainant, who has opposed the prayer for bail on the ground that the petitioner has solemnized second marriage, as such it is not possible for the O.P.no.2 to live with the petitioner, however, in spite of filing of maintenance case, he is not appearing and paying single penny to the O.P.no.2..

Having heard both sides and in view of the facts and circumstances, as stated above, this application is disposed of with direction to the petitioner to surrender before the learned court below within a period of six weeks from the date of order and on he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bhagalpur in connection with Complaint Case No.298 of 2015 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure with further condition that he will pay Rs.4,000/- (Four Thousand) per month to the O.P.no.2 for a period of one year and further condition that he will appear in the Maintenance Case filed by O.P.no.2 without fail and payment of the above amount will be subject to result of any decision passed in the Maintenance Case, whether interim or

Patna High Court CR. MISC. No.59200 of 2018(5) dt.08-04-2019 3/3 final order.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T