Raj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16647 of 2024 Arising Out of PS. Case No.-507 Year-2023 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== Raj Kumar Choudhary S/o Nityanand Choudhary R/o Vill - Godhanpur, P.S. - Jhanjharpur, Dist. - Madhubani At present Parwati Bhawan, Rajeev Nagar, Road No. 16, P.S. - Rajeev Nagar, Dist. - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pallavi Kumari W/o Raj Kumar Choudhary, D/o Shivendra Jha R/o Vill - Majauna, P.O. - Nirpur, P.S. - Tajpur, Dist. - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar For the Opposite Party/s :

Mr. Nityanand For the O.P. No. 2 :

Mr. Surya Kant Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

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

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498A of the Indian Penal Code.

3. Learned counsel for the petitioner submits that an amount of Rs. 15,000/- by way of maintenance for the month of August, 2024 has been paid to the complainant by way of cheque as agreed, which stands recorded in the order dated 29.07.2024. It is further submitted that the amount of maintenance shall be paid continuously. It is also submitted that petitioner

Patna High Court CR. MISC. No.16647 of 2024(6) dt.23-08-2024 2/3 will always make the child speak to the O.P. No. 2 and will also allow the O.P. No. 2 to meet the child after fixing a place.

4. The learned counsel appearing on behalf of the O.P. No. 2 also submits that since petitioner is paying a monthly maintenance of Rs. 15,000/- and has agreed that he will allow the child to speak and meet the O.P. No. 2, as such, the anticipatory bail application of the petitioner is not being opposed.

5. Considering the submissions made by the learned counsel appearing on behalf of the O.P. No. 2, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten 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. 507 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner does not deposit the amount of

Patna High Court CR. MISC. No.16647 of 2024(6) dt.23-08-2024 3/3 monthly maintenance, as agreed, for two consecutive months or does not allow the O.P. No. 2 to talk/meet the child at least twice in a month.

7. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T