High Court Patna High Court - Orders

Rakesh Kumar vs State Of Bihar on 3 November, 2010

Patna High Court – Orders
Rakesh Kumar vs State Of Bihar on 3 November, 2010
                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.39624 of 2010
                                             RAKESH KUMAR
                                                  Versus
                                           STATE OF BIHAR
                                              -----------

2. 03.11.10. Heard learned counsels for the

petitioner, informant and the State.

The petitioner being the husband is

languishing in custody since 02.08.2010 in a

case registered under Sections 498A, 323, 504,

506/34 of the I.P.C.

It is alleged that the petitioner was

married to the informant in the year 2005. It is

submitted that when the petitioner got the

compassionate appointment after death of his

father this frivolous case was lodged. Initially

the marriage was performed under pressure.

Mr. Sanjeev Ranjan learned counsel

appearing for the informant submits that the

petitioner after five years of the marriage has

alleged the performance of the marriage under

pressure. The informant is still ready to resume

the conjugal life, which also gets reflected

from the impugned order. The petitioner is not

ready for resumption of conjugal life.

The petitioner i.e., the husband is

willing to pay Rs. 1,000/-(One Thousand) per
2

month to the informant. The aforesaid amount

will be deposited in the account of the

informant in the first week of every month from

December, 2010. The informant will supply the

account number to the petitioner within a period

of one week from today.

The aforesaid payment by the petitioner

will be subject to any order being passed in the

matrimonial, maintenance or reconciliation

proceedings between the parties.

Considering the aforesaid submissions,

let the petitioner above named be released on

bail on furnishing bail bond of Rs. 10,000/-(Ten

Thousand) with two sureties of the like amount

each to the satisfaction of the learned C.J.M.

Jamui in connection with Sikandra P.S. Case No.

164 of 2010.

On failure to make payment

consecutively for three months will give liberty

to the informant to file an application for

cancellation of bail.

U.K.                                           (Dinesh Kumar Singh,J.)