← Library
Patna High CourtCR. MISC./4044/2025bail granted

Vicky Choudhary v. The State Of Bihar

2025-05-09Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4044 of 2025 Arising Out of PS. Case No.-2691 Year-2023 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Vicky Choudhary S/O Sunil Chaudhary Resident of Uttam Nagar Extension, Om Vihar, Gali no. 8, Plot No. 60, Uttam Nagar P.S. - Uttam Nagar, New Delhi-110059 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Kumari D/o Ramesh Chaurasia Resident of village- Hasanpur, P.S.- Nayagaon, Distt.- Saran at Chhapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yashraj Bardhan For the Opposite Party/s :

Ms. Veena Kumari Jaiswal Mr. Tushar Anand Mr. Himanshu Raj ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-05-2025

1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the complainant and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

3. The learned counsel appearing on behalf of the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the opposite party no.2. It is next submitted that the marriage of the petitioner with the opposite party no.2 was performed in the Year 2020 and out of the wedlock,

Patna High Court CR. MISC. No.4044 of 2025(3) dt.09-05-2025 2/3 a child was born, who presently is staying with the opposite party no.2. It is further submitted that opposite party no.2 along with the child in the Year 2022 left the house of the petitioner on their own. It is also submitted that petitioner is still willing to keep the opposite party no.2 and the child with honour and dignity, but then, it is fairly submitted that presently the relationship has soured between the parties, but then, with passage of time and on intervention of well-wishers, the parties may resolve their dispute amicably. It is next submitted that petitioner being husband is aware of his responsibly towards the opposite party no.2 and the child and thus, is willing to pay a monthly maintenance of Rs.8,000/- (Eight Thousand) to the opposite party no.2, which shall commence from 25.05.2025.

4. The learned counsel appearing on behalf of the opposite party no.2 also does not oppose the anticipatory bail application as petitioner is willing to pay a monthly maintenance. It is further submitted that if petitioner is sent to judicial custody, chances of future reconciliation will also get marred. It is next submitted that bank account number of the opposite party no.2 shall be whatsapped to the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that the monthly maintenance as agreed commences from the

Patna High Court CR. MISC. No.4044 of 2025(3) dt.09-05-2025 3/3 25.05.2025.

5. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of Sri Aditya Kumar Sharma, the learned Judicial Magistrate, 1st Class, Saran at Chhapra in connection with Complaint Case No.2691 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

6. The application stands allowed.

7. However, it is made clear that the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail of the petitioner, in the event, if the petitioner does not pay the monthly maintenance as agreed for two consecutive months.

8. It is further made clear that the present maintenance will stop, the moment maintenance is fixed by a Court of competent jurisdiction.

(Satyavrat Verma, J) vikash/- U T