Niraj Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45245 of 2014 Arising Out of PS.Case No. -53 Year- 2014 Thana -TARAPUR District- MUNGER ======================================================

1. Niraj Mandal Son of Haldhar Mandal Resident of village- Alal Kita, P.S.- Dhoraiya, District- Banka .... Petitioner

Versus

1. The State of Bihar

2. Soni Devi, D/O Anandi Mandal, resident of village Launa, O.S. Tarapur, district Munger .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar Singh, Adv. For the State : Mr. Bharat Bhushan(App) For opposite party no. 2: Mr. Dr. Prawesh Kumar Sharma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 20-05-2015 Heard the learned counsel for the petitioner, opposite party no. 2and the State. Both the parties are present in Court in person.

The learned counsel for the petitioner submits that the petitioner has already paid rupees two thousand, costs for appearance of opposite party no. 2 in High Court. It is, further, submitted that the petitioner is also ready to keep the victimwife. The learned counsel for opposite party no. 2, the victim-wife, submits that the petitioner remarried with another girl and the victim-wife apprehends that she will be subjected to cruelty at her in-laws place. The learned counsel for the petitioner submits that the victim-wife will not be subjected to cruelty and, further, she will be kept with due dignity. It is also offered that she will be

Patna High Court Cr.Misc. No.45245 of 2014 (3) dt.20-05-2015 2/2 provided separate room and maintenance of rupees two thousand per month will be paid.

Hence, in that view of the matter the provisional bail granted to the petitioner by order, dated 14.01.2015, is confirmed subject to the condition that the petitioner will go on paying rupees two thousand per month as maintenance to his victim-wife from the date of this order till the disposal of case or any other order for maintenance by competent Court and will provide a room for her residence in his house within six weeks from today, any complaint by the victim-wife for non-payment of maintenance or room for her residence or subject her to cruelty shall be a ground for cancellation of the bail bond. If the complaint is made to the trial Court, the trial Court shall proceed for cancellation of bail of the petitioner.

(Gopal Prasad, J) SA/- U √ T √