This oral order grants bail to Sunil Kushwaha in a case under Section 498A IPC and DPP Act, conditioned on monthly maintenance payment to his wife via bank account and cooperative trial conduct.
Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties and undertaking to pay Rs. 3,500 monthly maintenance to the informant.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6490 of 2022
Arising Out of PS. Case No.-289 Year-2021 Thana- KATEYA District- Gopalganj
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Sunil Kushwaha Son Of Styanarayan Kushwaha R/O Village- Bharpatiya, P.S.- Patherawa, District- Kushinagar (Uttar Pradesh)
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Kumar Singh For the Informant : Mr. Vyas Kumar Mishra For the Opposite Party/s : Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
The petitioner, husband of informant apprehends his arrest in Kateya P.S. Case No. 289 of 2021 registered for the offence under Section 498(A) and other allied sections of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,500/(three thousand five hundred) per month, starting from this month to the informant.
Patna High Court CR. MISC. No.6490 of 2022(2) dt.14-07-2022 2/3
In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,500/- (three thousand five hundred) per month, in the event of arrest/surrender within a period of six weeks from today, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 289 of 2021 on the following conditions:
(1.) Informant would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.
(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the Informant. (3.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond. (4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(6.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected
Patna High Court CR. MISC. No.6490 of 2022(2) dt.14-07-2022 3/3
proceedings.
The present order, in no way, will preclude the parties
to resolve the issue otherwise.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioner shall be enlarged on bail upon furnishing a bond and undertaking maintenance payment.
Whether conditions for bail include deposit of maintenance into the informant's bank account.
Sunil Kushwaha
The State of Bihar
Kiran Devi
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
