Vijay Rai @ Vijay Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70808 of 2023 Arising Out of PS. Case No.-453 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Vijay Rai @ Vijay Chaudhary S/O- Late Chanarpati Ray R/O- VillagePaharpur Purvi, P.S.- Juraban Pur, Dist.- Vaishali ... ... Petitioner/s

Versus

1.

The State Of Bihar, Patna 2.

Reeta Devi Wife of Vijay Rai, Resident of Mohalla- Pirdamaria, P.S.- Malsalami, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepak Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP For the Complainant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-03-2024 Heard Mr. Deepak Kumar, learned counsel for the petitioner, Mr. Santosh Kumar, learned counsel appearing on behalf of the complainant as well as and Mr. Ramesh Chandra, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Complaint Case No. 453 of 2022 for the offences punishable under Section 498(A) of the Indian Penal Code.

3. According to prosecution case, all the accused persons including the petitioner used to torture the complainant due to non-fulfillment of their demand of motorcycle. It is further alleged all the accused persons have ousted her from her

2/4 matrimonial house.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the complaint petition is false and fabricated and the petitioner has not committed any offences as alleged in the complaint petition. He further submits that the petitioner is ready to pay Rs. 3,000/- per month as maintenance to the complainant till the disposal of the maintenance case, if any.

5. The learned counsel appearing on behalf of the complainant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned Sub Divisional Judicial Magistrate, Patnacity in connection with Complaint Case No. 453 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal

3/4 Procedure and with other following conditions:- i. Petitioner shall furnish a demand draft of Rs. 3,000/- in favour of the complainant, namely, Reeta Devi and the same shall be deposited at the time of furnishing bail bond and the learned Court is directed to hand over the said demand draft to the complainant or her representative and the petitioner shall also undertake to pay Rs. 3,000/- per month to the complainant in her bank account bearing A/C No. 50390445678, IFSC No. IDIB000M647, MICR Code- 800019055 as a maintenance. If the petitioner fails to pay the maintenance amount to the complainant then the complainant has liberty to move before the appropriate forum for cancellation of the bail bond of the petitioner.

ii. 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. iii. 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.

iv. And further condition that the court below shall

4/4 verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T