High Court confirmed the petitioner's bail on the condition that he pays Rs.1,500 monthly maintenance to his wife, failing which bail may be cancelled upon mutual application to the trial court.
Provisional bail confirmed upon undertaking to pay Rs.1,500 monthly maintenance to the first wife.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80173 of 2018
Arising Out of PS. Case No.-121 Year-2018 Thana- LAXMIPUR District- Jamui
======================================================
Pankaj Yadav Son of Sukhdeo Yadav, Resident of Village- Maura, P.S.Gidhaur, District- Jamui.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Prasad For the Opposite Party/s : Mr.Sri Sanjay Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
The petitioner is apprehending his arrest in connection with Laxmipur/Gidhaur P.S.Case no.121 of 2018 registered for offences punishable under Sections 498(A), 34, 494 of the Indian Penal Code and Section ¾ of the D.P. Act..
Allegation against the petitioner is that he has ousted his wife and also solemnized second marriage. After appearance of the O.P.no.2 this case was referred to the Mediation and Reconciliation Centre, vide order dated 28.2.2019 and the report of the Mediator shows that in spite of best and sincere efforts, the dispute between the parties could not be resolved.
Submission of the learned counsel for the petitioner is that he is still ready to keep her however, he has accepted the marriage with another lady with consent of O.P.no.2 as she is issueless and he is still ready to maintain her.
Patna High Court CR. MISC. No.80173 of 2018(4) dt.08-05-2019 2/2
Heard learned A.P.P. and the learned counsel for the O.P.no.2 and the learned counsel for the O.P.no.2 has submitted that the petitioner has re-married as such it is not possible for her to live with the petitioner, however, she wants that some maintenance be given to her and on query it appears that the petitioner is a labourer and earns daily wages in the village.
Having heard both sides and considering the facts and circumstances, as stated above, if the petitioner is ready to pay Rs.1,500/- (One thousand & five hundred) per month to the O.P.no.2 from the date of this order and file such a petition before the learned court below, the provisional bail granted vide order dated 16.1.2019 passed in the instant case shall be confirmed in connection with Laxmipur/Gidhaur P.S.Case No.121 of 2018.
It is also made clear that failure to pay the amount for three consecutive months, the O.P.no.2 is at liberty to move before the learned court below itself for cancellation of the bail bond of the petitioner.
With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J)
chn/- U T
2 issues framed by the court
Whether the petitioner is eligible for confirmation of provisional bail given his second marriage and financial capacity.
Whether the petitioner agreed to pay maintenance to his first wife to secure bail in a case under Sections 494 and 498A IPC.
Pankaj Yadav
State Of Bihar
Sunaina Devi
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
