Chandan Mahto @ Chandan Mahtoo v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9741 of 2019 Arising Out of PS. Case No.-1326 Year-2016 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== Chandan Mahto @ Chandan Mahtoo S/o Ram Autar Mahto R/o Dogi Raza Bin Tola, Ward No.-11, P.S.- Dighal Bank, District- Kishanganj ..Petitioner

Versus

1.

The State Of Bihar 2.

Mamta Devi W/o Chandan Mahtoo, D/o Suraj Mahtoo R/o - Dhachna, P.S.- Barsoi, District- Katihar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Sanjeev Kumar Singh, Advocate For the Opposite Party :

Mr.Ram B. Roy Raman, Addl Public Prosecutor Mr. Suresh Pd.Sah, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-02-2020 Heard learned counsel for the parties.

The petitioner, husband of opposite party no. 2, apprehends his arrest in a case registered for the offence punishable under Sections 341,323,354,120B,498A/34 of the Indian Penal Code as well as sections 3⁄4 of the DP Act. From perusal of Mediator's report dated 18.12.2019, it appears that mediation has failed.

Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 2000/- (two thousand) per month, starting from this month, to 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. 2000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.9741 of 2019(9) dt.14-02-2020 2/2 satisfaction of Sub Divisional Judicial Magistrate, Katihar in Complaint case no. 1326/2016 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.

(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) Shashi U T