Rajnish Kumar Jha @ Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79244 of 2023 Arising Out of PS. Case No.-78 Year-2023 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Rajnish Kumar Jha @ Rajnish Kumar Son of Ram Uday Jha Resident of village - Kharidi, P.S.- Matihani, District - Begusarai, at present resident of Dhelwa, Ward No.- 30, P.S.- Ramkrishnanagar, District - Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anjani Kumari Wife of Rajnish Kumar Jha Daughter of Sri Hareram Jha, Resident of Bhardwajnagar, Ward No.- 41, P.s.- Muffasil, District - Begusarai at present resident of village - Mahendrapur, P.S.- Nayagaon, District - Begusarai.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sushil Kumar Jha, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in complaint and apprehending his arrest in Complaint Case No. 78 of 2023 registered for the offences punishable under Section 498 A of the Indian Penal Code.
3. The allegation against this petitioner, who is husband, is to commit mental and physical cruelty upon O.P. No. 2/wife.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.79244 of 2023(3) dt.05-03-2024 2/3 petitioner submitted that out of certain family disputes O.P. No. 2 left the house of petitioner by deserting him and since then she is living with her parents. It is submitted that O.P. No. 2 stated herself during enquiry that she is not desirous to live with petitioner but as a matter of good gesture, petitioner is ready to provide one room in his parental house at Patna to O.P. No. 2/wife for her educational need and also cash of Rs. 2000/- as an ad-interim maintenance on monthly basis till pendency of case before the learned trial court or finding of competent Family Court qua maintenance in issue. While concluding the argument, it is submitted that petitioner is a man of clean antecedent.
5. Learned APP duly assisted by learned counsel appearing for the informant opposes the prayer of bail.
6. Considering the aforesaid facts and circumstances as the petitioner is ready to pay ad-interim maintenance to O.P. No. 2, coupled with the fact that petitioner is also ready to provide one room to O.P. No. 2 at his parental house at Patna for time being for educational need, accordingly, the above named petitioner, in the event of his arrest or surrender before learned trial court within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees
Patna High Court CR. MISC. No.79244 of 2023(3) dt.05-03-2024 3/3 Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class Begusarai/concerned Court, where the case is pending in connection with Complaint Case No. 78 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., with further conditions:- "(i) Petitioner shall pay Rs. 2,000/- as an ad-interim maintenance to O.P. No. 2/wife on or before 7th day of English calendar month till finding of Family Court regarding maintenance issue.
(ii) Payment for the month of February be made in cash at the time of furnishing bail bond, whereas maintenance amount from the month of March onward be paid through bank account of O.P. No. 2/wife, if not available same be opened by petitioner on his expenditure.
(iii) If petitioner fails to pay ad-interim maintenance for two consecutive months, the bail bond of petitioner shall be cancelled by the learned trial court, itself, if pressed by O.P. No. 2/wife. (iv) If O.P. No.2 desires, she may opt a room of her choice at parental house of petitioner at Patna for next two years as to complete her education."
(Chandra Shekhar Jha, J) archana/- U T