Manish Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11605 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- MAHILA P.S. District- Purnia ====================================================== MANISH PRASAD SON OF DINESH PRASAD RESIDENT OF VILLAGE- KHAJANCHI HAT, LINE BAZAR, NEAR BARI MASJID, P.S.- K. HAT (SAHAYAK) DISTRICT- PURNEA ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

DEEPA SINGH D/O KRISHNA KUMAR SINGH, WIFE OF MANISH PRASAD RESIDENT OF MOHALLA- HILL VIEW COLONY, MANGO DIMNA ROAD, P.S.- M.G.M. JAMSHEDPUR, DISTRICT- EAST SINGHBHUM (JHARKHAND) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr.Harendra Prasad, APP Mr. Sujit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. In compliance of the order dated 12.09.2022, the petitioner and the informant are present in person in this Court. Learned counsel for the petitioner, at the outset, submits that since the dispute between the parties has multiplied as such it is not possible for them to stay together. It is further submitted that the petitioner is willing to pay monthly maintenance of Rs. 21,000/- to the informant which will commence from the month of October, 2022 and the petitioner will keep paying the monthly maintenance to the informant by

Patna High Court CR. MISC. No.11605 of 2022(4) dt.11-10-2022 2/3 15th of every month commencing from November, 2022 till the matter is not finally decided by a court of competent jurisdiction.

Learned counsel for the informant based on instruction submits that the informant accepts the offer given by the petitioner. It is further submitted that he will Whatsapp the account number of the informant to the learned counsel for the petitioner to which the learned counsel for the petitioner submits that he will immediately forward the account number to the petitioner and thereafter the payment shall commence. Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Mahila P.S. Case No. 65 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, in the event, if the petitioner does not make payment for two consecutive months and an application on

Patna High Court CR. MISC. No.11605 of 2022(4) dt.11-10-2022 3/3 behalf of the informant is filed seeking cancellation of his bail bonds, the learned trial court shall forthwith cancel the bail bonds of the petitioner after giving him an opportunity of hearing.

(Satyavrat Verma, J) Rishi/- U T