Patna High Court - Orders
Munna Kumar @ Munna Singh @ Amit Kumar vs The State Of Bihar on 14 December, 2022
Author: Sunil Kumar Panwar
Bench: Sunil Kumar Panwar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36689 of 2022
Arising Out of PS. Case No.-71 Year-2021 Thana- ARIYARI District- Sheikhpura
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Munna Kumar @ Munna Singh @ Amit Kumar Son Of Radhey Singh R/O-
Vill- Paway P.S.- Suryagarha, Dist.- Lakhisarai
... ... Petitioner/s
Versus
1. The State Of Bihar
2. Kumari Priti Wife Of Munna Kumar @ Munna Singh @ Munna Kumar
Daughter Of Baijnath Prasad Singh Permanent R/O- Vill- Paway, P.S.-
Suryagarha, Dist.- Lakhisarai Present Address- Vill- Kemra, P.S.- Ariyari,
Dist.- Sheikhpura
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Md. Nazir Ansari
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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
ORAL ORDER
3 14-12-2022Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ariyari P.S. Case no. 71 of 2021 instituted for the offence under Sections 341, 323, 337, 448, 379, 354, 498(A), 494, 506, 504/34 of the Indian Penal Code and ¾ of D.P. Act.
As per allegation in the FIR, petitioner along with his family members have tortured in various ways due to non- fulfillment of further dowry demand and finally they ousted her after snatching her belongings.
It is submitted by learned counsel for the petitioner Patna High Court CR. MISC. No.36689 of 2022(3) dt.14-12-2022 2/3 that petitioner is husband of the informant and he has falsely been implicated in this case. The petitioner had made several attempts to reconcile the matter with the informant, but he failed. Ultimately, the petitioner has performed second marriage.
Learned counsel appearing on behalf of the informant has submitted that informant has filed a Maintenance case before the Family Court, Sheikhpura bearing Maintainance Case No. 20M/2020 and an interim maintenance of Rs. 5,000/- per month has been awarded to the informant to which petitioner is not paying as a result of which she is facing problem.
Petitioner is directed to deposit all the arrears amount of maintenance in the informant's account.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ariyari P.S. Case no. 71 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Sheikhpura subject to the conditions as laid down under section 438(2) of the Cr.P.C. Patna High Court CR. MISC. No.36689 of 2022(3) dt.14-12-2022 3/3 The bail bonds of the petitioner will be accepted by learned Court below on showing up-to-date payment of maintenance amount as awarded by the learned Family Court, Sheikhpura in favour of the informant.
(Sunil Kumar Panwar, J) sushma/-
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