Manas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55796 of 2021 Arising Out of PS. Case No.-5 Year-2021 Thana- MAHILA P.S. District- Patna ====================================================== MANAS KUMAR S/o SHAMBHU NATH VERMA R/o C-1104, SUMANDHURA LNR LATE BREEZE SIDDHAPURA, VARTHUR ROAD, P.S-WHITEFIELD, BANGALORE, KARNATAKA.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arunima D/o Suraj Nandan Prasad Resident of 204, Meena Complex, Rampur Road, Bajar Samittee Main Road, P.S.- Bahadurpur, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sumit Kumar Jha For the Opposite Party/s :

Mr.Ramchandra Singh Mr.Shivam,Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2022 Heard learned counsel for the petitioner, learned A.P.P. and learned counsel for the informant/opposite party no.2. The petitioner, husband of complainant/informant apprehends his arrest in Mahila P.S. Case No. 5 of 2021 registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

As per the prosecution case, this petitioner is alleged to have committed mental and physical torture for dowry with the informant/opposite party no.2.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/-

Patna High Court CR. MISC. No.55796 of 2021(5) dt.25-07-2022 2/3 (five thousand) per month, starting from this month to informant/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. 5,000/- (five thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named 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 learned Chief Judicial Magistrate, Patna in connection with Mahila P.S. Case No. 5 of 2021 on the following conditions:

(1.) Informant/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 complainant/informant.

(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

Patna High Court CR. MISC. No.55796 of 2021(5) dt.25-07-2022 3/3 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) anay/- U T