Patna High CourtCR. MISC./20253/2024bail granted

Pramod Kumar v. The State Of Bihar

2024-09-19Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20253 of 2024 Arising Out of PS. Case No.-167 Year-2022 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== Pramod Kumar Son of Dinanath Saw Resident of Telpa, P.S.- Karpi, DistrictArwal ... ... Petitioner/s

Versus

The State of Bihar 2.

Sandhya Kumari Wife of Pramod Kumar R/o Telpa, P.S.- Karpi, DistrictArwal at present residing at Village- Mungila, P.S.- Paliganj, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan For the Opposite Party/s :

Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-09-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 341, 498(A) of the Indian Penal Code & Sections 3⁄4 D.P. Act.

3. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the O.P. No.2. It is further submitted that presently the relationship in between the petitioner and the O.P. No.2 has deteriorated to an extent where it is not possible to revive the conjugal relationship but then in future the parties

Patna High Court CR. MISC. No.20253 of 2024(3) dt.19-09-2024 2/3 may reconcile, as such, no useful purpose would be served by sending the petitioner to jail which may mar the chance of future reconciliation. It is also submitted based on instruction that the petitioner is willing to pay a monthly maintenance of Rs.7500/- to the O.P. No.2, which shall commence from 01.10.2024.

4. The learned counsel appearing on behalf of the O.P. No.2 also based on instruction submits that the O.P. No.2 is not opposing the anticipatory bail application of the petitioner, as the petitioner is willing to pay a monthly maintenance of Rs.7500/- to the O.P No.2. It is next submitted that the bank account number of the O.P No.2 shall be whatsapped on the whats app number of the learned counsel appearing on behalf of the petitioner. 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 01.10.2024.

5. Considering the submissions made by the learned counsels 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

Patna High Court CR. MISC. No.20253 of 2024(3) dt.19-09-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No.167/2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, the O.P No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the petitioner does not deposit the amount of maintenance, as agreed, for two consecutive months.

7. It is further made clear that the present maintenance will stop if a court of competent jurisdiction decides the maintenance, if any, filed by the O.P. No.2.

(Satyavrat Verma, J) amit/- U T