Rahul Pandey @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66155 of 2021 Arising Out of PS. Case No.-828 Year-2020 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== RAHUL PANDEY @ RAHUL KUMAR SON OF SURENDRA PANDEY RESIDENT OF VILLAGE- SAIN TOLA CHAND PANDEY, P.S- KANTI, DIST- MUZAFFFARPUR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

PRIYA KUMARI W/O RAHUL PANDEY @ RAHUL KUMAR D/O ANIL THAKUR @ ANIL KUMAR @ RAJU THAKUR AT PRESENT - R/O MOHALLA- PROFESSOR COLONY, CHAKIYA, DIST- EAST CHAMPARAN (MOTIHARI) PERMANENT ADDRESS- VILLAGEBAKHRI, GOPAL CHHAPRA, P.S- KALYANPUR, DIST- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-10-2022 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) and some other ancillary Sections of the Indian Penal Code and section 3/4 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. 3,500/- (three thousand five hundred) 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.66155 of 2021(3) dt.17-10-2022 2/3 petitioner that petitioner is ready to give maintenance amount of Rs. 3,500/- (three thousand five hundred) per month, the petitioner above-named, 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, Sadar, East Champaran, Motihari in connection with Complaint Case No. 828/ 2020 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

Patna High Court CR. MISC. No.66155 of 2021(3) dt.17-10-2022 3/3 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.

(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