Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60825 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- PATRAKARNAGAR District- Patna ====================================================== Gaurav Kumar S/o Manohar Ram @ Manohar Rawat, Resident of VillagePatsanha, Gidhor, P.S.- Gidhor, District- Jamui, at present R/o Flat No.-501, Quality Complex Mandiri, P.S.- Budha Colony, District- Patna- 800001. ... ... Petitioner/s

Versus

1. The State Of Bihar

2. Ragini Kumari W/o. Gaurav Kumar 102, Raghuhari Complex, Hanuman Nagar, P.S. Patrakar Nagar, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A/354/385 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

The matter was sent for conciliation which has failed. Other litigations are also going on between the spouse including a case for maintenance. In the past also criminal case was

Patna High Court CR. MISC. No.60825 of 2018(4) dt.17-12-2019 2/3 lodged. However, after reconciliation the parties agreed to live together. Thereafter, again discord has cropped up. Considering the future chances of restitution of conjugal life, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court-below where the case is pending in connection with Patrakar Nagar Police Station Case No.

215 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. With further condition that the petitioner shall pay Rs.6,000/- (Six thousand) per month for the maintenance of Opposite Party No.2 and her minor daughter in the bank account of Opposite Party No.2. The bail bond shall be accepted only after deposit of this month's maintenance and whenever the petitioner would be defaulted in payment of maintenance that would be a ground for cancellation of bail.

Patna High Court CR. MISC. No.60825 of 2018(4) dt.17-12-2019 3/3 maintenance awarded by the competent Court where the case is pending.

(Birendra Kumar, J) Mkr./- U T