Jitendra Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54704 of 2021 Arising Out of PS. Case No.-19 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Jitendra Kumar Rai Son Of Raj Ballabh Rai Resident Of Village- Sultanpur, P.S- Deshari, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahanar P.S. Case No. 19 of 2021 instituted for the offence under Sections 323, 341, 498A, 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per allegation in the FIR, due to non-fulfillment of a four wheeler, petitioner along with other family members started to torture her mentally and physically and ultimately she left her matrimonial home to save her life and gone to her parental home. It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and he has tried his level best to bring back the informant to lead the conjugal life but he informant is not ready to go with the petitioner. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .

Patna High Court CR. MISC. No.54704 of 2021(3) dt.05-07-2022 2/2 Learned counsel appearing on behalf of the petitioner has filed a supplementary affidavit in which he has stated that he is a retired person from Indian Navy and he is ready to give Rupee three thousand per month as maintenance.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner that he is ready to give maintenance of Rs. 3,000/- per month to the informant commencing from this month (July), which shall be deposited in the court below, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Mahanar P.S. Case No. 19 of 2021, subject to the conditions as laid down under section 438(2) of the Cr.P.C. The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U