Patna High CourtCR. MISC./45728/2022bail granted

Ram Krishna Kumar v. The State Of Bihar

2023-03-13Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45728 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Ram Krishna Kumar, Son Of Ravi Nandan Rai @ Rabi Nandan Kumar Ray R/O Village- Parbatiya Tola, Krishnapuri Colony, P.S.- Muffasil, Bettiah, District- West Champaran ... ... Petitioner/s

Versus

1) The State of Bihar 2) Divya Kumari, D/o Ram Krishna Kumar, R/o Parvatiya Tola, Krishnapuri Colony, PS- Muffasil, District- West Champaran at PresentGandhinagar, Telimapahi, Ward No. 3, Thana- Nagar, Motihari ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-03-2023 Heard learned counsels for the petitioner, the State and opposite party No.2.

The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 354, 406, 504, 506, 420/34 and 498A of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3500/-per month, starting from this month, to opposite party No. 2.

Patna High Court CR. MISC. No.45728 of 2022(5) dt.13-03-2023 2/3 In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3500/- 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 satisfaction of Sub Divisional Judicial Magistrate, Motihari in Motihari Town P. S. Case No. 21 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as 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 co-operate 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

Patna High Court CR. MISC. No.45728 of 2022(5) dt.13-03-2023 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her 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) Navya/- U T