Patna High CourtCR. MISC./6712/2023bail granted

Tulli Raut @ Tulli Kumar v. The State Of Bihar

2024-03-12Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6712 of 2023 Arising Out of PS. Case No.-580 Year-2021 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== TULLI RAUT @ TULLI KUMAR Son of Late Hari Kishun Prasad R/vTulsipur, P.O.- Atiyawan, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s

Versus

The State of Bihar 2.

PREETI KUMARI W/o Tulli Raut @ Tulli Kumar, D/o Dinu Raut R/vTulsipur, P.O.- Atiyawan, P.S.- Ghosi, District- Jehanabad At present R/vTilkai Tajpur, P.O.- Tilkai, P.S.- Makhdumpur, Dist- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-03-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the parties jointly submitted that the case was referred for mediation but the mediation failed.

4. Learned counsel for the petitioner submits that the relationship in between the petitioner and the opposite party no. 2 has soured to an extent that it is not possible to stay together.

5. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.6712 of 2023(4) dt.12-03-2024 2/3 opposite party no. 2 also concurs with the submission made by the learned counsel for the petitioner but submits that the marriage is still subsisting on which learned counsel for the petitioner submits that petitioner is willing to pay a monthly maintenance of Rs.5,000/- (rupees five thousand) to the opposite party no. 2 which shall commence from 01.04.2024.

6. Leaned counsel appearing on behalf of the opposite party no. 2 submits that he will Whatsapp the bank account number of the opposite party no. 2 on the Whatsapp number of the learned counsel appearing on behalf of the petitioner.

7. Learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner so that the maintenance as agreed commences from 01.04.2024.

8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 580 of 2021, subject to the conditions as laid down under

Patna High Court CR. MISC. No.6712 of 2023(4) dt.12-03-2024 3/3 Section 438 (2) of the Cr.P.C.

9. However, it is made clear that the opposite party no. 2 shall be at liberty to file an application seeking cancellation of anticipatory bail granted to the petitioner in the event if the petitioner as agreed does not deposit the maintenance amount for two consecutive months. (Satyavrat Verma, J) Kundan/- U T