Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59465 of 2019 Arising Out of PS. Case No.-2615 Year-2018 ThanaPATNA COMPLAINT CASE District- Patna ====================================================== Anand Kumar Son of Raj Kumar Chaudhary Resident of Village-Flat No.D2A Sidharth Nagar Baily Road, P.S-Sastrinagar, District-Patna. Permanent Resident of Village-Dhatar Darwaja Ward No.10, P.S.-Daudnagar, DistrictAurangabad ... Petitioner

Versus

1.

The State of Bihar 2.

Premlata W/o Anand Kumar S/o Murli Dhar Chaudhary Resident of Chandraphul Apartment, Flat No. 2E, Salimpur Ahra Lane No.2, P.S.- Gandhi Maidan, District-Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Satrudhan Kumar, Advocate For the State : Mr. Pawan Kumar Chaurasia, Addl Public Prosecutor For opposite party no.2 : Mr. Ram Prawesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner, the State and the complainant/ opposite party no.2.

Petitioner, who happens to be the husband of opposite party no.2, apprehends his arrest in a case registered for the offence under section 498A of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

Mediator's report dated 4.12.2019 indicates that the parties appeared before it for settlement of the dispute, but the same did not materialize.

Learned counsel for the petitioner submits that the petitioner is ready to keep opposite party no.2 with dignity and care, to which opposite party no.2 submits that she does not want to live with him because of his violent behaviour. However, at this juncture, the petitioner is ready to give maintenance amount of Rs.5,000/- (five thousand) per month, starting from this month, to opposite party no.2. In view of the undertaking of learned counsel appearing for the petitioner that the petitioner is ready to give maintenance amount of Rs.5,000/- (five thousand) per month, in the event of arrest/surrender within six weeks from today, let the

Patna High Court CR. MISC. No.59465 of 2019(5) dt.05-02-2020 2/2 petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Patna in Complaint Case No. 2615C/2018 on the following conditions:-

(1) Opposite party no.2 would file an affidavit to the court below bringing on record her savings bank account number for its communication to the petitioner.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings 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 bonds.

(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 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.

Shashi (Prabhat Kumar Singh, J) U