Patna High CourtCR. MISC./80745/2023bail granted

Amit Kumar v. The State Of Bihar

2024-04-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80745 of 2023 Arising Out of PS. Case No.-681 Year-2018 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== AMIT KUMAR SON OF SRI NIWAS PRASAD YADAV RESIDENT OF VILLAGE - CHANDHERI, P.O. AND P.S. - SABOUR, DISTRICT - BHAGALPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR 2.

SHIV RANI WIFE OF AMIT KUMAR, DAUGHTER OF SRI BANKE BIHARI YADAV RESIDENT OF VILLAGE - FOOLHAT PATAN, POST PATAM, P.S. - NRAYAN NAGAR, DISTRICT - MUNGER ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Complaint Case No. 681c/2018 registered for the offence punishable under Sections 323/324/120B/307/498/A/504 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner Mr. Ranjan Kumar Jha has handed over the demand draft of Rs. 75,000/- to the learned counsel appearing on behalf of the opposite party No. 2. The balance amount shall be paid by the petitioner as per his undertaking given in the petition.

Patna High Court CR. MISC. No.80745 of 2023(3) dt.19-04-2024 2/2

4. Paragraph No. 13 of the writ petition reads as under:- "The petitioner further undertakes that now the Maintenance Case No. 105/2018 which was filed by O.P. No. 2 under Section 125 of Cr. P.C. it got finality as the learned Principal Judge, Munger has passed an order to pay a sum of Rs. 7000 per month to O.P. No.2 in this regard the petitioner further undertakes that he is ready to pay the entire dues amount as well as current maintenance amount to O.P. No. 2, but in six equal installments as the present financial condition of the petitioner is not so well."

5. In view of the above, this application is allowed.

6. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Munger / concerned court in connection with Complaint Case No. 681c/2018.

7. It is made clear that the petitioner shall be released on provisional bail and if the entire dues of maintenance amount is paid, the bail bond of the petitioner shall be confirmed.

8. The parties may file appropriate application in the Court of Principal Judge, Family Court, Munger.

9. A photocopy of the bank draft is taken on record. (Sandeep Kumar, J) Saif/- U T