Amit Kumar Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4489 of 2025 Arising Out of PS. Case No.-58 Year-2024 Thana- MAHILA P.S. District- Patna ====================================================== Amit Kumar Sinha S/O Sri Arun Kumar Sinha Resident of East Akhilesh Nagar, Road No. 2, P.S. Mehdiganj, Town and District Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anju Wife of Amit Kumar Sinha, daughter of Late Anirudh Prasad Sinha Resident of House No. 249, Mohalla Ashok Nagar, Lane No. 14, P.S. Kankarbagh, Town and District Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nagadeo Choubey For the Opposite Party/s :

Mr.Rana Randhir Singh Mr.Alok Ranjan ====================================================== 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 opposite party no.2 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 323, 341, 498A and 34 of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.

3. The learned counsel for the petitioner submits that the relationship in between the petitioner and the opposite party no.2 has soured to an extent where it is not possible to revive the conjugal relationship, on which the learned counsel appearing on behalf of the opposite party no.2 submits that the marriage of

Patna High Court CR. MISC. No.4489 of 2025(3) dt.09-05-2025 2/3 the petitioner with opposite party no.2 was performed in the Year 2021 and out of the wedlock, a child was born, who presently is staying with the opposite party no.2.

4. At this stage, the learned counsel for the petitioner submits that petitioner has already filed Matrimonial Case No.775 of 2024, which is pending adjudication in the Court of the learned Principal Judge, Family Court, Patna. It is next submitted that no doubt, the divorce case is pending adjudication, but till the divorce application is not adjudicated, the petitioner will pay a monthly maintenance of Rs.10,000/- (Ten Thousand) to the opposite party no.2 which shall commence from 25.05.2025.

5. The learned counsel appearing on behalf of the opposite party no.2 submits that no useful purpose would be served by sending the petitioner to jail as petitioner is willing to pay a monthly maintenance of Rs.10,000/-. 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 25.05.2025.

Patna High Court CR. MISC. No.4489 of 2025(3) dt.09-05-2025 3/3

6. 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 Ten Thousand) with two sureties of the like amount each to the satisfaction of Ms. Saumya Suman, the learned Judicial Magistrate, 1st Class, Patna in connection with Mahila P. S. Case No.58 of 2024, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. 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.

9. 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