IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.34363 of 2009
SHASHI BHUSHAN SINGH SON OF LATE Arjun
Singh, residentof village Shambho Sarlahi, P.S. Shambho,
District Begusarai.. .. Petitioner
Versus
STATE OF BIHAR & ANR. ... OPPOSITE PARTIES
-----------
11 13.01.2011 Heard Mr. A.K. Thakur, learned counsel for the
petitioner, Mr. Ravi S. Pankaj, learned counsel for opposite
party no. 2 and Mr. U.S.P. Singh, learned APP for the State.
Petitioner files supplementary affidavit. Let it be
kept on the record.
It is submitted on behalf of the petitioner that the
petitioner is ready to lead conjugal life along with the
petitioner. However, it is urged on behalf of opposite party
no. 2 that she is not being treated well, thus, she is not
desirous of going with the petitioner. The petitioner has also
stated that he is ready either to transfer half of his landed
property in favour of the informant or alternatively, he is
ready to pay Rs. 1000/-(one thousand) per month by way of
maintenance to opposite party no. 2. Learned counsel
appearing on behalf of opposite party no. 2 submits that she
will accept the proposed maintenance amount, however, the
same should not preclude her from taking recourse to legal
2
remedy with regard to maintenance. Further, as has been
earlier alleged by the opposite party no. 2 that her ornaments
have been kept by the petitioner and by filing a
supplementary affidavit dated 30.06.2010, the petitioner had
undertaken to give the gold coin weighing 55 grams, the
same also be given to the opposite party no. 2. Learned
counsel for the petitioner, upon this, submits that since the
petitioner is ready with the gold coin and as per his earlier
undertaking given on oath, he would also hand it over to her
at the time of depositing the amount of maintenance for the
first month.
Considering the facts and circumstances of the
case and in view of the affidavit filed on behalf of the
petitioner as well as the undertaking given by the petitioner,
the provisional bail earlier granted to the petitioner vide
order dated 13.10.2009 by this Court is made absolute
subject to the condition that the petitioner, as per the
undertaking, shall hand over the gold coin weighing 55
grams purchased from any recognised Bank or Post Office
and deposit Rs. 1000/- (one thousand) per month in the
court concerned, which is in seisin of the trial. The
maintenance amount as well as gold coin should be
3
deposited in the first week of February 2011 before the
court concerned and thereafter the said amount should be
deposited in the first week of every subsequent month. The
opposite party no. 2 would be at liberty to withdraw the
same.
It is made clear that if the aforesaid undertaking
given by the petitioner is violated by him then the court
concerned would be at liberty to take steps for cancellation
of his bail bonds. It is also made clear that the aforesaid
condition for payment of the maintenance amount would not
come in the way of the opposite party no. 2 in moving
before the appropriate forum for the purpose of maintenance
and this arrangement would be till any order, if it is passed
by any appropriate court.
SC (Dr. Ravi Ranjan, J.)