Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60421 of 2022 Arising Out of PS. Case No.-750 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== BIKASH KUMAR S/o Wakil Mandal R/V- Nirpur, P.S.- Bariarpur, DisttMunger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ranjana Bharti W/o Bikash Kumar D/o- Surendra Prasad Singh R/V- Nirpur, P.S.- Bariarpur, Distt- Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Avinash, Advocate For the O.P. No. 2 :

Mr. Kunwar Narayan Jamuar, Advocate For the State :

Mr. Umesh Lal Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 29-04-2023 Heard Mr. Avinash, learned counsel appearing on behalf of the petitioner, Mr. Kunwar Narayan Jamuar, learned counsel appearing on behalf of the opposite party no. 2 and Mr. Umesh Lal Verma, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Complaint Case No. 750C/2019 registered for the offence punishable under Sections 498A, 323 of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel appearing on behalf of the petitioner informs this Court that interim maintenance is being paid to the opposite party no. 2 at the rate of Rs. 4,000/- per month and Rs. 1000/- per appearance in the Court of Principal

Patna High Court CR. MISC. No.60421 of 2022(5) dt.29-04-2023 2/3 Judge, Family Court, Munger.

4. Learned counsel appearing on behalf of the opposite party no. 2 informs this Court that in spite of the order of the Family Court for making payment of Rs. 4,000 per month and litigation cost are not being paid to the opposite party no. 2.

5. Considering the aforesaid fact, the Court below is directed to ensure that the petitioner makes payment of entire amount which has been defalcated by him in compliance of order dated 15.01.2022 passed in Maintenance Case No. 76 of 2021 and one thousand litigation cost for attending each date passed in Divorce Case No. 01 of 2022 without fail. If the petitioner deposits the aforesaid amount within a period of three weeks, the petitioner is directed to be released on provisional bail till final order or order is modified by the Principal Judge, Family Court, Munger.

6. In case of default, the provisional bail granted to the petitioner will loose its force.

7. After final order or order is modified by the Principal Judge, Family Court, Munger, the provisional bail granted to the petitioner will be made absolute on such terms and conditions as fixed by the Court below and the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.60421 of 2022(5) dt.29-04-2023 3/3

8. Accordingly, the present bail application is disposed of.

(Purnendu Singh, J) Niraj/- U T