The petitioner shall clear all arrears of whatever he is required to pay from his salary and emoluments and the deadline should be strictly adhered to. : High court of Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.339620 Arising Out of PS. Case No. 292 Year 2019 Thana BHOJPUR COMPLAINT CASE District Bhojpur Dr. Navin Kumar @ Navin Kumar Singh aged about 40 years son of late Ravindra Singh resident of village Jalpura P.O. Sripalpur P.S. Koilwar District Bhojpur ... Petitioner s The State of Bihar 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 For the Petitioner s For the State For the OP No. 2 Mr. Ajay Kumar Thakur Advocate with Ms. Vaishnavi Singh Advocate Mr. Jharkhandi Upadhay APP Mr. Pankaj Kumar Sinha Advocate 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 Prosecutorfor 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.339620 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.339620 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 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 20th 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.339620 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 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 furtherthat the petitioner and the bailors shall execute bond and give undertaking with regard to good behaviour of the petitioner that the petitioner shall cooperate with the Court and the police prosecution andthat the petitioner by 20th 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.339620 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 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 (Ahsanuddin Amanullah J J. Alam 

Summary: The petitioner was taken into custody under section 498 -A of the Indian Penal Code, “Husband or relative of husband of a woman subjecting her to cruelty. —Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.” This petition is in connection with Complaint Case No. 292-C of 2019 dated 03.05.2019. In the high court of Judicature at Patna, this judgement was given by honourable Mr Justice Ahsanuddin Amanullah on the 2nd of September 2021 in the case of Dr Navin Kumar @ Navin Kumar Singh versus the State of Bihar, [Criminal Miscellaneous No.33968 of 2020] Mr Ajay Kumar Thakur represented as the advocate for the petitioner, and Mr Jharkhandi Upadhay represented the state of Bihar as the additional Public Prosecutor, and Mr Pankaj Kumar as the Advocate for the opposite party no.2  the proceedings of the court were held via video conference. The following are the facts of the case the petitioner is the husband of the informant (opposite party no. 2), there was a matrimonial dispute and the couple had two children after the marriage and the court took steps to settle the dispute. Even with the best effort a settlement between the couple did not take place. There have been various stages regarding this dispute and finally, the parties are taking a final stand in this present petition. The informant along with her children told the court that due to her past experience she is not safe in the matrimonial home and her mental health in this home will be worse. Further, the informant held that even though the court directed the petitioner to pay some money to the informant from his salary he defaulted for many months. The petitioner intervened and made an undertaking stating that he would make an up-to-date payment of the entire outstanding dues within two weeks. The counsel for the informant (opposite party no.2) did not oppose the anticipatory bail for the petitioner but held that conditions must be put that the petitioner pays the required amount to the informant. Further, the counsel clarified that the petitioner is required to pay 35% of his salary and total emoluments, which has been stated in the petition. The counsel representing the petitioner held that the petitioner has made a strategy as to pay the dues by the 20th of September 2021 and by the 10th of October the full amount will be given to his wife either by direct transfer or debited from his salary and by depositing the money in the account of the informant. According to the order from the court, the amount has not been specified and only 35% of the petitioner’s total salary emoluments and therefore the amount may differ with respect to the salary, however, it will be strictly complied with. The court held that “the Court is inclined to grant pre-arrest bail to the petitioner. The petitioner is released on bail upon furnishing bail bonds of Rs. 25,000 with two sureties to the Judicial Magistrate, in Complaint Case No. 292-C of 2019, under Section 438(2) of the Cr.P.C. that the petitioner, by 20th September 2021, shall clear all arrears of whatever he is required to pay in terms of the order of the Court below till 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. The petition stands disposed of in the aforementioned terms.” Click here to read the judgment