Arun Kumar Rai @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84386 of 2019 Arising Out of PS. Case No.-283 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== ARUN KUMAR RAI @ ARUN KUMAR S/o Rajdeo Rai R/o villageBardiha Turki, Tole- Dhanutiya, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Kiran Kumari W/o Arun Kumar R/o village- Bardiha Turki, ToleDhanutiya, P.S.- Patepur, District- Vaishali. At present- Kiran Kumari, D/o Shri Baidyanath Yadav, R/o village- Rampur Pagara, P.S.- Dalsinghsarai, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-06-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Complaint Case No.283 of 2018, T.R. No.984 of 2019 registered under Section 498A of the Indian Penal Code.

The learned counsel for the petitioner submits that there was amicable settlement between the husband and the wife. The petitioner has agreed to pay Rs.2,50,000/- to the wife for one time settlement but he could not pay the amount and, therefore, the anticipatory bail petition of the petitioner was rejected. The learned counsel for the petitioner submits that petitioner is ready to give the entire amount within four months. Learned counsel for the informant submits that if the

Patna High Court CR. MISC. No.84386 of 2019(3) dt.18-06-2020 2/2 entire amount is paid within four months, the wife has got no objection if the petitioner is granted bail.

Taking into consideration the facts aforesaid, the petitioner, above named, is directed to surrender before the court below within a period of four weeks from the date of receipt of the order and on such learned court below shall enlarge the petitioner on provisional bail for four months on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. -I, Dalsingsarai in connection with Complaint Case No.283 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

If the petitioner pays Rs.2,50,000/- to the complainant within four months and the matter is amicably settled, the learned court below shall confirm the provisional bail of the petitioner. If the petitioner fails to pay Rs.2,50,000/- to the complainant within four months, the learned court below shall pass order in accordance with law immediately after lapse of four months on the provisional bail of the petitioner. (Prabhat Kumar Jha, J) Saurabh/- U T