Lalu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69139 of 2022 Arising Out of PS. Case No.-131 Year-2021 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== Lalu Ram, S/O Fulgain Ram R/O Village- Harine, P.S- Harlakhi, DistrictMadhubani ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Binita Kumari D/O Raj Kumar Ram, W/O Lalu Ram R/O Village- Ratauli, P.S- Saharghat, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha- Advocate For the State & Informant:

Mr. Nityanand - A.P.P.

Md. Soban Asghar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 149, 323, 341, 379, 498(A), 384, 386, 504, 506/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the present case. It is next submitted that petitioner is willing to keep the informant with honour and dignity.

The learned counsel for the informant submits that though a submission on behalf of the petitioner has been made

Patna High Court CR. MISC. No.69139 of 2022(3) dt.27-06-2023 2/3 that he intends to keep the informant with honour and dignity, but then, his conduct is such that informant does not want to accompany him for the reason that petitioner has performed his second marriage with Meena Kumari, D/o Paltu Ram, villageKalna, P. S. Harlakhi, District- Madhubani. The learned counsel for the petitioner rebuts the submission of the learned counsel for the informant and submits that though it has been submitted that petitioner has performed his second marriage, but then the allegation is in realm of allegation and petitioner is willing to pay a monthly maintenance of Rs.5500/- to the informant for her upkeep.

The learned counsel for the informant submits that he will obtain the bank account number of the informant and will whatsapp the same on the whatsapp number of the learned counsel for the petitioner. The learned counsel for the petitioner submits that the moment he receives the bank account number of the informant, he will forward the same to the petitioner, so that the monthly maintenance commences from 10th July, 2023. The learned counsel next submits that the payment of the maintenance shall continue till the matter is finally adjudicated in trial or till maintenance is not fixed by a Court of competent jurisdiction.

Patna High Court CR. MISC. No.69139 of 2022(3) dt.27-06-2023 3/3 Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned J. M., Benipatti, Madhubani in connection with C. R. No.131 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

However, in the event, if the petitioner does not pay the amount as agreed to the informant for two consecutive months, the informant shall be at liberty to file an application seeking cancellation of the bail granted to the petitioner before this Court.

(Satyavrat Verma, J) vikash/- U T