Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9675 of 2022 Arising Out of PS. Case No.-294 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== Vikash Kumar S/o Anjani Prasad @ Munna Babu Resident of VillageTarataand, Ward No.14, Jhumritalaiya, P.O.- Jhumritalaiya, P.S.- Tilaiya, District- Kodarma (Jharkhand).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Monika Kumari W/o Vikash Kumar, D/o Bhola Prasad Resident of MohallaGol Bagicha Adda, Kazim Ali Lane Road, P.S.- Kotwali, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Bhaskar Shankar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP For Opp. Party No.2 :

====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-05-2022 Heard learned senior counsel for the petitioner; learned APP for the State and The petitioner apprehends his arrest in connection with Kotwali P.S. Case No. 294 of 2021 registered for offences under Sections 498(A), 323, 308, 504, 506 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. It has been submitted by learned counsel for the parties that there is no chance of any settlement between the parties.

Learned counsel for the petitioner submits that the petitioner has business of bringing gold whereas the same has

Patna High Court CR. MISC. No.9675 of 2022(5) dt.18-05-2022 2/3 been denied by opposite party no.2 and she says that the petitioner has business of sale and purchase of gold ornaments. In view of the law laid down by the Apex Court in the case of Arnesh Kumar V State Of Bihar reported in (2014) 8 SCC 273, this application for anticipatory bail is allowed, subject to the condition that the petitioner will pay a sum of Rs.15,000/- per month to the opposite party no.2. Accordingly, let petitioner, above-named, in the event of his arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10, 000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Kotwali P.S. Case No.

294 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Considering the facts and circumstances of the case, the petitioner is directed to pay maintenance of Rs.15,000/- per month to the opposite party no.2. The aforesaid amount of maintenance shall be credited in the bank account of the opposite party no. 2 by 7th of every month beginning from April, 2022. The opposite party no.2 shall provide her bank account details to the petitioner or his advocate in the court below immediately.

Patna High Court CR. MISC. No.9675 of 2022(5) dt.18-05-2022 3/3 maintenance to the opposite party no.2, the bail bond of the petitioner shall stand automatically cancelled and he shall be taken into custody forthwith.

This order of maintenance is subject to any order passed by any competent court in maintenance proceeding. (Sandeep Kumar, J) BT/- U T