Anand Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61596 of 2022 Arising Out of PS. Case No.-63 Year-2018 Thana- MAHILA P.S. District- Kaimur (Bhabua) ====================================================== ANAND KUMAR SINGH S/O LATE PREM SHANKAR SINGH R/o Mohalla- Ashok Samrat Nagar, New Delhi Road, Near Sanya Sansthan, P.S.- Majhaula, District- Muradabad (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

GUNJAN SINGH W/O ANAND KUMAR SINGH D/O VIRENDRA KUMAR SINGH At present Resident of - Bhabua Ward No. 9, Chawani Mohalla, P.S.- Bhabua, District- Kaimur (Bhabua) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2022 Heard learned counsel for the petitioner, the State and the opposite party no.2.

The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A) and 379, 506, 34 of the Indian Penal Code and under sections 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/-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

Patna High Court CR. MISC. No.61596 of 2022(2) dt.22-12-2022 2/3 Rs. 5000/- 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 satisfaction of learned Sub Divisional Judicial Magistrate, Kaimur (Bhabua) in connection with Mahila P.S. Case No. 63 of 2018 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as 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 co-operate 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/her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.61596 of 2022(2) dt.22-12-2022 3/3 reason, his/her bail bond shall be canceled 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) asmit/- U T