Mantu Kumar @ Mantu Kr. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85132 of 2019 Arising Out of PS. Case No.-160 Year-2018 Thana- CHAKAND District- Gaya ====================================================== MANTU KUMAR @ MANTU KR. Son of Vijay Yadav Resident of Village - Rahim Bigha, P.S.- Chakand, Distt.- Gaya.

... ... Petitioner/s

Versus

1.The State of Bihar

2. Punam Kumari W/o Mantu Kumar @ Mantu Kr., D/o Sri Jagdeo Prasad, Resident of village-Kabirpur, P.S.-Belaganj, District-Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Pd. Bharti, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the Informant : Mr. Ajay Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-08-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Chakand P.S. Case No.160 of 2018 registered under Sections 323, 379, 498A and 504 of the Indian Penal Code and under Sections 3 and 4 of Dowry Prohibition Act.

By order dated 22.01.2020, the matter was referred to Patna High Court Mediation Centre and the Mediator took up the case and made efforts for resolution of the disputes between the husband and the wife and on such efforts, the husband and the wife entered into compromise. Accordingly, the Mediator filed a report dated 06.03.2020.

It is submitted that petitioner had undertaken to pay Rs.8,000/- per month to the O.P. No.2 for her maintenance from the month of April, 2020 but the petitioner deposited only one

Patna High Court CR. MISC. No.85132 of 2019(3) dt.19-08-2020 2/2 month maintenance. It is further submitted that O.P. has got no objection if the petitioner is granted anticipatory bail subject to the condition that if the petitioner defaults in making payments regularly to the O.P. No.2, his bail bond shall be cancelled. Taking into consideration the facts aforesaid and in view of the agreement between both sides and the fact that the petitioner is working in Military service and posted in Ladakh, let the petitioner, above named, in the event of his arrest or surrender within a period of four months 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 A.C.J.M. VI, Gaya in connection with Chakand P.S. Case No.

160 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. If the petitioner defaults in making payment of maintenance continuously for two months, learned court below shall cancel the bail bond of the petitioner immediately thereafter.

(Prabhat Kumar Jha, J) Saurabh/- U T