Bhupendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6814 of 2021 Arising Out of PS. Case No.-483 Year-2017 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Bhupendra Prasad Singh Son of Late Rudal Singh Resident of Village Govindpur, P.S. Bidupur, Dist.- Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Moni Kumari Wife of Bhupendra Prasad Singh, Daughter of Sri Madhusudan Singh Resident of Nirmala Residency Block- B, Flat No. 403, Sahdeo Path, Road No. 14, Patel Nagar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Satish Kumar Sinha, Advocate For the Opposite Party :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Complaint Case No.483 of 2017 for offences under Sections 498(A), 323, 380 and 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. It is submitted by the petitioner that he is paying maintenance of Rs.5000/- (Rupees five thousand) per month to the opposite party no.2 though this fact has not been mentioned in the bail petition.

Considering the aforesaid fact and considering the fact that the allegation levelled against the petitioner cannot be

Patna High Court CR. MISC. No.6814 of 2021(2) dt.29-11-2021 2/2 verified at this stage, let the petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on provisional bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learend Sub-Divisional Judicial Magistrate, Vaishali at Hajipur in connection with Complaint Case No.483 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and also subject to the maintenance being paid to the opposite party no.2 regularly.

The court below shall verify the matter with regard to payment of maintenance to the opposite party no.2 and after granting provisional bail to the petitioner and after the same is verified, provisional bail granted to the petitioner shall be confirmed. In case of default in payment of two consecutive installments of the maintenance, bail bond of the petitioner shall stand automatically cancelled.

With the aforesaid observation and direction, the application for anticipatory bail is disposed of. (Sandeep Kumar, J) BT/- U T