Chandan Kumar Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74065 of 2022 Arising Out of PS. Case No.-108 Year-2021 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Chandan Kumar Pal, Son Of Binod Pal Resident Of Village- Paschim Azimganj, P.S.- Haveli Kharagpur, District- Munger ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyatma Kumari D/O Sanjeev Pandit, W/O Chandan Kumar Resident of village- Galimpur, P.S.- Haveli Kharagpur, District- Munger ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha- Advocate For the Opposite Party/s :
Mr. Rabindra Kumar- A.P.P.
Mr. Sanjiv Sharan- Advocate Mr. Ravinesh Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner, learned counsel for the complainant 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 498-A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
The learned counsel for the petitioner submits that petitioner has been falsely implicated, being husband of the complainant. It is next submitted that the marriage was performed in the Year 2019 and out of the wedlock, no child was born, for which the complainant was even examined
Patna High Court CR. MISC. No.74065 of 2022(3) dt.04-07-2023 2/3 medically. It is further submitted that though the relationship has soured, but then the petitioner is willing to maintain the complainant.
The learned counsel for the petitioner next submits that he has instruction to make submission that petitioner will pay an amount of Rs.5,000/- by way of monthly maintenance to the complainant. The said submission of the learned counsel for the petitioner is not rebutted by the learned counsel appearing for the complainant, rather the learned counsel for the complainant submits that he will whatsapp the bank account number of the complainant on the whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the bank account number of the complainant to the petitioner, so that the amount as agreed for payment to the complainant commences from 18th July, 2023 Learned Additional P. P., instead of submission made by the parties, does not oppose the anticipatory bail application of the petitioner.
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
Patna High Court CR. MISC. No.74065 of 2022(3) dt.04-07-2023 3/3 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 S.D.J.M., Munger in connection with Complaint Case No.108C of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
However, it is made clear that in the event, if the petitioner does not pay the amount as agreed for two consecutive months in the bank account of the complainant, the complainant shall be at liberty to file an application seeking cancellation of the bail bonds of the petitioner before this Court. It is further made clear that the amount of maintenance is to be paid till the adjudication of the case in trial or a Court of competent jurisdiction fixes the maintenance. (Satyavrat Verma, J) vikash/- U T