Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19817 of 2021 Arising Out of PS. Case No.-406 Year-2018 Thana- BODHGAYA District- Gaya ====================================================== DHARMENDRA KUMAR Son of Umesh Singh @ Umesh Prasad Singh Resident of Village- Kolhana, P.S.- Wazirganj, Districdt- Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Prasad For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bodhgaya (Cherki) P.S. Case No. 406 of 2018 instituted for the offence under Sections 323, 379, 504, 506 and 498A/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner had tortured his wife mentally and physically. It is further alleged that he is relationship with his bhabhi.

It is submitted by learned counsel for the petitioner that petitioner is husband of the informant. And he has been falsely implicated in this case on the basis of concocted story. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.19817 of 2021(5) dt.26-09-2022 2/3 petitioner is ready to keep the informant as wife with full dignity and honour.

Learned counsel for the informant prays for some maintenance for survival of the informant as she is a housewife and she is not able to maintain herself .

Learned counsel appearing on behalf of the petitioner, has submitted that petitioner is ready to give Rupee ten thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner. In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 10,000/- (Ten Thousand) in every month commencing from September as maintenance in the account furnished by the informant.

Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of

Patna High Court CR. MISC. No.19817 of 2021(5) dt.26-09-2022 3/3 Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned CJM, Gaya in connection with Bodhgaya (Cherki) P.S. Case No. 406 of 2018, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (for the month of September) by the petitioner in the account of the informant.

The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U