Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 46632 of 2019 Arising Out of PS. Case No.-315 Year-2018 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Rajesh Kumar, Male, aged about 36 years, Son of Munnu Ram Resident of Village - Malkhana Chak, P.S.- Bhagwan Bazar, Dist.- Chapra, Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Nisha Kumari, Female, 28 years, W/o Rajesh Kumar , D/o Shri Master Ramji Ram Resident of Village - Officers Colony, Near Church, 52, G.H.I. Khagaul, P.S.- Khagaul, Dist.- Patna.

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

For the Petitioner/s :

Mrs.Usha Rai, Adv.

For the Opposite Party/s :

Mr.Uday Pratap Singh,APP Mr. Ram Chandra Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

25-02-2020 At the outset, learned counsel for the petitioner requests for making correction in the prayer portion of the petition.

Permission granted. It may be done in course of the day.

Heard the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in Complaint Case No. 315C of 2018 registered for the offence under Section 498(A), 323 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Earlier, vide order dated 18-10-2019, the matter was sent to Mediation Centre for settlement of dispute between the parties, but from perusal of Mediator's report dated 15-11-2019 (Flag 'M'), it appears that mediation has failed. Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of

Patna High Court CR. MISC. No.46632 of 2019(4) dt.25-02-2020 2/3 Rs. 2,000/- (two thousand) per month, starting from this month, to complainant/opposite party no. 2, which has been agreed by the counsel for 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. 2,000/- (two thousand) per month, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur, Patna in connection with Complaint Case No. 315C of 2018 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 bailbond.

(4) Petitioner shall cooperate 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 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.

Patna High Court CR. MISC. No.46632 of 2019(4) dt.25-02-2020 3/3

(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