Vidyabhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60874 of 2019 Arising Out of PS. Case No.-447 Year-2017 Thana- SHEKHPURA COMPLAINT CASE District- Sheikhpura ====================================================== VIDYABHUSHAN KUMAR S/o Deonandan Chauhan R/o village- Budhan Bigha, P.S.- Pakribarawan, District- Nawadah ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Sarita Devi W/o Vidyabhushan Kumar, D/o of Indradeo Chauhan, R/o village- Budhanbigha, P.O.- Ari, P.S.- Pakribarawan, District- Nawadah, at present R/o village- Mashaudha, P.O.- Masaudha, P.S.- Ariari, DistrictSheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar, Adv For the Opposite Party/s :

Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code.

This is a case under Section 498A I.P.C. The matter was sent for mediation which has already failed. Considering the future chances of settlement of dispute, let the petitioner, above named, who is husband of opposite party No.2, in the event of his arrest or surrender before the court below within a period of thirty days from the

Patna High Court CR. MISC. No.60874 of 2019(3) dt.17-12-2019 2/2 date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Complaint Case No.447-C of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioner shall fully cooperate with the investigation of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

The petitioner shall pay Rs.3,000/- per month to opposite party No.2 in her bank account. Opposite party No.2 shall provide her bank account to the learned court below from where the petitioner would obtain the same. If the petitioner would default in payment of the aforesaid amount, the learned court below shall be at liberty to cancel the bail bond of the petitioner. This amount is to be adjustable if a competent court passes any order of grant of maintenance.

(Birendra Kumar, J) Nitesh/- U T