Nitesh Kumar Srivastva v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50841 of 2019 Arising Out of Case No.-779 Year-2018 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== NITESH KUMAR SRIVASTVA S/o Mananji Prasad Srivastva Resident of HIG-2/157, Sector-H, LDA Colony, Kanpur, Road, P.S.- Ashiyana, DistrictLucknow (U.P.)-226012. A/P- Employee No.202724, Through HR Manager, Tata Consultancy Service Ltd (TCS), 4th floor, Buiding B2, Plot no. 20 and 21, United Building (SEZ), Noida- V, Greater Noida, Expressing Sector- 135,, Noida, P.S.-Bisrakh,Uttar Pradesh- 201604.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Pushpam Sinha W/o- Nitesh Kumar Srivastva, D/o Pramod Kumar Sinha Resident of Flat No.101, Shiv Kutir Apartment, Jhun- Jhun Mahal Road, New Yarpur, Gardanibagh, P.S.- Gardanibagh, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mrs.Madhuri Lata Mr. Pramod Rajpati ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2022 Heard learned counsel for the parties.

The petitioner, husband of informant, apprehends his arrest in a case registered for the offence punishable under Section 498(A) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits and offers that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month to the informant, starting from this month.

In view of the undertaking of learned counsel for the

Patna High Court CR. MISC. No.50841 of 2019(11) dt.07-12-2022 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month, the petitioner abovenamed, in the event of his arrest/surrender within a period of six weeks from today, 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 Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 779 C/ 2018 on the following conditions:

(1.) Informant 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 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 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.

Patna High Court CR. MISC. No.50841 of 2019(11) dt.07-12-2022 3/3 (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) BKS/- U T