Kundan Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80189 of 2018 Arising Out of PS. Case No.-258 Year-2018 Thana- KHAIRA District- Jamui * ====================================================== Kundan Singh Son of Dinesh Singh, Resident of Village- Dharmpur, P.S.- Khaira District- Jamui.

... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Chandani Singh, D/o Jainarayan Singh, W/o Kundan Singh, Resident of Village- Dharmpur, P.S.- Khaira, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Anil Kumar, APP For the Informant : Mr. Prakash Mahto, Adv, Mr. Javed Ahmad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-02-2019 This application, for grant of anticipatory bail, arises out of Khaira P.S. Case No. 258 of 2018, disclosing offences under Sections 341, 323, 498(A)/34 of the Indian Penal Code. Petitioner happens to be husband of the informant and allegation against him is of subjecting the informant to cruelty in connection with demand of dowry.

It appears that earlier the matter was sent to Mediation Committee for redressal of dispute between the parties vide order dated 16.01.2019, however, the mediation has failed between the parties.

Submission of learned counsel for the opposite party no. 2 is that she is ready to live with the petitioner if she is being kept with full honour and dignity as a wife.

Patna High Court CR. MISC. No.80189 of 2018(3) dt.28-02-2019 2/2 Heard learned A.P.P. as well as learned counsel for opposite party no.

Having heard both sides, considering the facts and circumstances of the case, this application is disposed of with direction to the petitioner to surrender in the court below within a period of six weeks and on his surrender, the court below shall release the petitioner on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Khaira P.S. Case No. 258 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure and on further subject to the condition that petitioner shall pay Rs. 2,000/- per month to opposite party no. 2 towards her maintenance in the first week of each month till any interim/further order is passed in maintenance case, if any filed or to be filed by opposite party no. 2.

It is made clear that if the petitioner fails to pay the above amount to opposite party each month, the opposite party no. 2 will be at liberty to move the court below for cancellation of bail bonds of the petitioner.

(Vinod Kumar Sinha, J) sunilkumar/- U T