Patna High CourtCR. MISC./3127/2023bail granted

Ajay Kumar Singh v. The State Of Bihar

2023-08-01Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3127 of 2023 Arising Out of PS. Case No.-536 Year-2019 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Ajay Kumar Singh Son Of Late Lakshman Singh @ Ram Lakshan Singh Resident Of Village - Konauli, P.S.- Rajpur, District - Buxar. ... ... Petitioner/s

Versus

The State of Bihar 2.

Sushma Kumari Wife of Ajay Kumar Singh D/o Suman Prasad Singh, Resident of village - Konauly, P.S.- Rajpur, District - Buxar, At present residing at village - Chandudehara, P.S.- Ithadhi, District - Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Kumar- Advocate For the State :

Mr.Yogendra Kumar Singh- A.P.P.

For the O.P. No.2 :

Mr. Anand Kumar Ojha- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned counsel for the petitioner, learned counsel for 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 Sections 498A, 323, 504, 506 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that being husband, he has been falsely implicated in the present case. It is further submitted that petitioner is working with the Railways. It is also submitted that petitioner all throughout has been ready to keep the informant with honour and dignity, but for reason best known, the complainant is not willing to

Patna High Court CR. MISC. No.3127 of 2023(4) dt.01-08-2023 2/3 accompany the petitioner along with the child.

4. The learned counsel for the complainant submits that complainant is not willing to accompany the petitioner for the reason that she does not feel safe as she has been assaulted on numerous occasion and at times brutally.

5. The learned counsel for the petitioner at this stage submits that he has been paying Rs.8000/- by way of monthly maintenance to the complainant, but will pay an amount of Rs.10,000/- commencing from 21.08.2023.

6. The learned counsel for the complainant submits that he will whatsapp the bank account number of the informant on the whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner, so that the amount as agreed starts getting credited in the account of the informant from 21.08.2023.

7. Learned A.P.P. opposes the bail application.

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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.3127 of 2023(4) dt.01-08-2023 3/3 Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Buxar in connection with Complaint Case No.536(C) of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

9. The application stands allowed.

10.

However, the informant would be liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if he does not deposit the amount as agreed for two consecutive months. (Satyavrat Verma, J) vikash/- U T