Awdhesh Giri v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66694 of 2018 Arising Out of PS. Case No.-542 Year-2014 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Awdhesh Giri Son of Sri Jagdish Giri, Resident of Village-Sareya Chainpatti, P.S.- Paharpur, District-East Champaran.

... ... Petitioner/s

Versus

1. The State of Bihar, null null

2. Rabita Devi Wife of Sri Awadhesh Giri, and Daughter of Sri Parmanand Giri, Resident of Village-Majhariya Kishun, P.S.-Jagdishpur, District-West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. Sri Nityanand For the Informant :

Mr. Sanjeev Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-12-2018 Learned counsel for the petitioner is permitted to correct the maintenance amount, which has been wrongly typed in para-10 of petition as 15,000/- whereas it should be 1500/-, in course of the day.

Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner has filed this Cr. Misc. petition for grant of regular bail in connection with Trial No. 1010 of 2018 (Old 1165 of 2017) arising out of Complaint Case No. 542-C of 2014 for the offence instituted under Sections 498-A/34 and 494 of the Indian Penal Code. He is in custody since 30.07.2018. Petitioner has agreed that pursuant to the earlier

Patna High Court Cr.Misc. No.66694 of 2018(3) dt.03-12-2018 2/3 order passed by the court for payment of maintenance amount of Rs. 1500/-, he will continue to pay it.

However, learned counsel for the informant has stated that only Rs. 20,000/- has been paid and there is arrears of Rs. 20,500/-.

Petitioner will pay the arrears of maintenance within four months from the release from prison and remaining maintenance he would pay on or before the 15th of every month. Petitioner would be paying the maintenance amount of Rs. 1500/- directly into the saving account of informant bearing Account No. 36739332436, IFSC Code- SBIN0008177, State Bank of India, Jagdishpur Branch, West Champaran (Bihar) Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bettiah, West Champaran, in connection with Trial No. 1010 of 2018 (Old 1165 of 2017) arising out of Complaint Case No. 542-C of 2014 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial

Patna High Court Cr.Misc. No.66694 of 2018(3) dt.03-12-2018 3/3 and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T