Patna High Court
Dr. Navin Kumar @ Navin Kumar Singh vs The State Of Bihar on 2 September, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33968 of 2020
Arising Out of PS. Case No.-292 Year-2019 Thana- BHOJPUR COMPLAINT CASE
District- Bhojpur
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Dr. Navin Kumar @ Navin Kumar Singh, aged about 40 years, (Male), son of
late Ravindra Singh, resident of village- Jalpura, P.O.- Sripalpur, P.S.-
Koilwar, District- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Priyanka Devi, W/o Navin Kumar Singh, resident of village- Jalpura, P.S.-
Koilwar, District- Bhojpur, at present daughter of Arun Kumar Singh,
resident of Shivpur Anand Nagar Ara, P.S.- Ara Town, District- Bhojpur.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate with
Ms. Vaishnavi Singh, Advocate
For the State : Mr. Jharkhandi Upadhay, APP
For the OP No. 2 : Mr. Pankaj Kumar Sinha, Advocate
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 02-09-2021
The matter has been heard via video conferencing.
2. Heard Mr. Ajay Kumar Thakur, learned counsel
along with Ms. Vaishnavi Singh, learned counsel for the
petitioner; Mr. Jharkhandi Upadhyay, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State
and Mr. Pankaj Kumar Sinha, learned counsel for the opposite
party no. 2.
3. The petitioner apprehends arrest in connection with
Complaint Case No. 292-C of 2019 dated 03.05.2019, instituted
under Sections 498-A of the Indian Penal Code.
Patna High Court CR. MISC. No.33968 of 2020 dt.02-09-2021
4. The petitioner is the husband of opposite party no.
2, who is the complainant also. As the matter related to
matrimonial dispute and there are two children born out of the
wedlock, the Court had made efforts for amicable settlement of
the dispute. However, despite the best efforts of learned counsel
for the parties, a mutually acceptable settlement did not emerge.
The Court also had the opportunity of hearing at length the
petitioner and the opposite party no. 2 on two occasions.
5. On the last date, the matter was adjourned to enable
the parties to take a final stand in the present case.
6. The informant, because of her past experience, has
taken a stand that she and her children would not be safe in the
matrimonial home and moreover, she would not be mentally at
ease and her life would be hell and, thus, she could not return to
the matrimonial home. She has further submitted that despite
there being a direction to pay certain amount from his salary to
the opposite party no. 2, he has defaulted for many months. The
petitioner, on this point, had submitted that due to some reason,
the amount which was to be directly cut from his salary and paid
to the opposite party no. 2, was not done for some months, but
he undertook to make up-to-date payment of the entire
outstanding dues within two weeks from today.
Patna High Court CR. MISC. No.33968 of 2020 dt.02-09-2021
7. In the aforesaid background, the matter was
adjourned so that the opposite party could think over the matter
and take a definite stand. Today, learned counsel for the opposite
party no. 2 submitted that he would not oppose the prayer for
anticipatory bail of the petitioner, but conditions be put that he
pays the amount which he is required to pay, within time, every
month.
8. On a response from learned counsel for the
petitioner, a clear cut and categorical stand was taken that up-to-
date arrears shall be cleared by 20 th of this month and thereafter
by the 10th of every successive month, the amount shall be paid
to the opposite party no. 2 by the petitioner, either through direct
transfer/debit from his salary or by depositing it in the account
of the opposite party no. 2.
9. Learned counsel for the opposite party no. 2
submitted that the Court may also clarify the situation, inasmuch
as, the amount which is required to be paid by the petitioner
every month to the opposite party no. 2, which is 35% of his
salary and total emoluments, is more than what has been stated
in the petition.
10. Learned counsel for the petitioner submitted that
as per the order, no amount has been specified and only 35% of
Patna High Court CR. MISC. No.33968 of 2020 dt.02-09-2021
the total salary and emoluments of the petitioner are required to
be paid to the opposite party no. 2 and, thus, the amount may
differ, but the order requiring payment of 35% of the salary and
emoluments shall be strictly complied with.
11. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, the
Court is inclined to grant pre-arrest bail to the petitioner.
12. Accordingly, in the event of arrest or surrender
before the Court below, within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the concerned learned Judicial
Magistrate, 1st Class, Bhojpur at Ara, in Complaint Case No.
292-C of 2019, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 and further (i)
that one of the bailors shall be a close relative of the petitioner,
(ii) that the petitioner and the bailors shall execute bond and
give undertaking with regard to good behaviour of the
petitioner, (iii) that the petitioner shall cooperate with the Court
and the police/prosecution and (iv) that the petitioner, by 20 th
September, 2021, shall clear all arrears of whatever he is
required to pay in terms of the order of the Court below till
Patna High Court CR. MISC. No.33968 of 2020 dt.02-09-2021
August, 2021, and thereafter by 10th of the successive month
such payment shall be made by the petitioner to the opposite
party no. 2; if not directly transmitted after cutting it from the
salary and emoluments paid to the petitioner, then it should be
done by the petitioner himself, but the deadline should be
strictly adhered to. Any violation of the terms and conditions of
the bonds or the undertaking or default in making payment, as
stipulated, would lead to cancellation of the bail bonds of the
petitioner.
13. It shall also be open for the prosecution and the
opposite party no. 2 to bring any violation of the foregoing
conditions by the petitioner, to the notice of the Court
concerned, which shall take immediate action on the same after
giving opportunity of hearing to the petitioner.
14. The petition stands disposed of in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
J. Alam/-
AFR/NAFR
U
T
