Raja Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39822 of 2014 Arising Out of PS.Case No. -669 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE DistrictMUZAFFARPUR ====================================================== Raja Rai Son of Babu Rai Resident of Village - Kachchi Pakki Chowk, Ratwara, P.S.- Sadar, District- Muzaffarpur .... .... Petitioner

Versus

1. The State of Bihar

2. Rangila Kumari Wife of Raja Rai Daughter of Sri Shankar Rai Resident of Village - Kachchi Pakki chowk, Ratwara, P.S.- Sadar District - muzaffarpur, at present resident of village- Mushahari, gaushala, P.S.- Mushahari, District -Muzaffarpur .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Karn For the Opposite Party/s : Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the respondents.

The petitioner apprehends his arrest in a case under sections 498A/34 IPC and 4 of the Dowry Prohibition Act on the allegation that he committed torture for non-fulfilment of dowry by respondent no.2. The Complainant has also filed divorce case.

The petitioner denies the allegation and submits that he is willing to keep respondent no.2 with care and affection. However, he is also ready to pay her maintenance, subject to the decision in the divorce case said to be filed by her. The complainant states that she has no objection to granting bail to the petitioner if he regularly pays her

Patna High Court Cr.Misc. No.39822 of 2014 (4) dt.02-07-2015 2/2 maintenance till the disposal of the divorce case. In the circumstances, the petitioner is allowed bail in the event of arrest on furnishing bail bond to the satisfaction of the Sub Divisional Judicial Magistrate (East), Muzaffarpur in Complaint case no. 669 of 2013, corresponding to Trial No. 2092 of 2014 on the following condition:- The petitioner would regularly pay maintenance amount of Rs.750/- per month by the 15th of subsequent month in the bank account of respondent no.2 (Rangila Kumari W/o Raja Rai and D/o Sri Shankar Rai) till fixation of interim maintenance or judgment in the divorce case. In case of default, it will be open for the court below to cancel the bail bond. Shashi.

(Samarendra Pratap Singh, J) U T