Rajeev Ranjan Tiwary @ Vicky v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54471 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- MAHILA P.S. District- Rohtas ====================================================== Rajeev Ranjan Tiwary @ Vicky Son of Bipin Bihari Tiwary Resident of Village-Kashigawan, P.S. and District-Rohtas. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Nitu Kumari W/o Rajeev Ranjan Tiwary @ Vicky Resident of VillageKashigawan, P.S. and District-Rohtas, at present Near Jagjiwan College, Ward No.21, Dehri-on-Sone, P.S.-Dehri, District-Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Opposite Party/s :

Ms.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-02-2020 Heard learned counsel for the parties.

The petitioner, husband of Opposite Party No. 2 apprehends his arrest in Rohtas Mahila P.S. Case No. 31 of 2019 registered for the offence under Sections 498(A), 341, 323, 504, 506 and 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

Earlier, vide order dated 20.11.2019, the matter was sent to Mediation Centre of Patna High Court for settlement of dispute between the parties. In pursuance thereof, Mediator's report has been received which is kept at flag 'M'. From perusal of Mediator's report dated 07.02.2020, it appears that mediation has failed.

Patna High Court CR. MISC. No.54471 of 2019(6) dt.19-02-2020 2/3 Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand) per month to Opposite Party No. 2, starting from this month.

In view of the undertaking of learned counsel for the 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Rohtas Mahila P.S. Case No. 31 of 2019 on the following conditions: (1.) 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 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.

Patna High Court CR. MISC. No.54471 of 2019(6) dt.19-02-2020 3/3 (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 to resolve the issue otherwise.

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