Niraj Kumar @ Neeraj Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61108 of 2018 Arising Out of PS. Case No.-165 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== Niraj Kumar @ Neeraj Kumar Son of Kameshwar Prasad @ Kameshar Prasad, Resident of Village-Sinawan, Police Station-Parwalpur in the District of Nalanda.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Sujata Devi, Wife of Niraj Kumar @ Neeraj Kumar and Daughter of Rajesh Prasad, Resident of Village-Dasturpar, Police Station-Chandi in the District of Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mr. Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2019 This is an application for grant of anticipatory bail in connection with Rohtas Complaint Case No. 165(C) of 2018, disclosing offences under Section 498(A) of the Indian Penal Code.

Allegation against the petitioner is of subjecting his wife to cruelty and harassment with respect to demand and ousted her from the house and it further appears that on appearance of opposite party no.2, the matter was referred to the Mediation Center vide order dated 04.10.2018 and the report of the Mediation Center is available at Flag 'A', which shows that in spite of best and sincere efforts, the dispute between the parties could not be resolved through the process of mediation. Submission of learned counsel for the petitioner is that

Patna High Court CR. MISC. No.61108 of 2018(3) dt.08-04-2019 2/2 he is still ready to keep the opposite party no.2 with full dignity and care, but she is not ready to live along with him and the petitioner is paying some amount regularly to the opposite party no.2 also.

Heard learned A.P.P. also and nobody appears on behalf of the opposite party no.2.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner to surrender before the court below within a period of six weeks and on surrender he will be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of court concerned with the condition that he will pay Rs.2500/-(Rupees Twenty Five Hundred) per month to the opposite party no.2 for a period of one year and in the meantime, the opposite party no.2 may file a maintenance case before the Principal Judge, Family Court, Nalanda, and the above order of maintenance amount shall be subject to the decision of any order passed by the Principal Judge, Family Court, Nalanda. (Vinod Kumar Sinha, J) Amjad/- U T