Raja Choudhary @ Raja Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55518 of 2022 Arising Out of PS. Case No.-244 Year-2022 Thana- NAANPUR District- Sitamarhi ====================================================== Raja Choudhary @ Raja Mahto Son of Late Lakshmi Mahto @ Late Lakshmi Choudhary Resident of village - Koili, P.S.- Nanpur, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Naresh Choudhary Son of Late Ramdew Choudhary Resident of village - Kauriya Lalpur P.S.- Runisaidpur, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-03-2023 Heard learned counsel for the parties.

The petitioner, husband of the daughter of Opposite Party No. 2 apprehends his arrest in a case registered for the offence under Sections 498(A), 323 and other allied sections of the Indian Penal Code.

Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month to the daughter of Opposite Party No. 2. In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month to the

Patna High Court CR. MISC. No.55518 of 2022(4) dt.16-03-2023 2/3 daughter of Opposite Party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named 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, Pupri, Sitamarhi in connection with Nanpur P.S. Case No. 244 of 2022 on the following conditions: (1.) the daughter of Opposite Party No. 2 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 daughter of Opposite Party No. 2.

(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.

(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

Patna High Court CR. MISC. No.55518 of 2022(4) dt.16-03-2023 3/3 to resolve the issue otherwise.

(Prabhat Kumar Singh, J) vinita/- U T