Govind Kumar @ Govind Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17419 of 2024 Arising Out of PS. Case No.-8719 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Govind Kumar @ Govind Kumar Gupta, S/O Sri Om Prakash Gupta R/O Ashok Nagar, Road No. 4, P.S- Kankarbagh, P.O- Lohia Nagar, Distt.- Patna. ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Rani Kumari, W/O Govind Kumar @ Govind Kumar Gupta R/O Ashok Nagar, Jawahar Colony, Road No. 4, P.S- Kankarbag, P.O- Lohia Nagar, Distt.- Patna. At Present House No. 37, Chak Chanda, Badi Sangat, Khusrupur, P.O- Khusrupur, P.S- Khusrupur, Dist.- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar For the Opposite Party/s :
Mr.Parmanand Prasad Mr.Rabindra Kumar Mr.Niraj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2024
1. Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.
3. The learned counsel for the petitioner submits that petitioner is willing to keep the opposite party no.2 with honour and dignity, on which the learned counsel appearing on behalf of the opposite party no.2 submits that the matter was referred for
Patna High Court CR. MISC. No.17419 of 2024(2) dt.22-03-2024 2/3 mediation at the District level, but the mediation failed. It is further submitted that petitioner does not have any intention of keeping the complainant with honour and dignity or else before the learned Mediator, the issue could have been resolved.
4. At this stage, the learned counsel for the petitioner submits that he has instructions to make submission that he is willing to pay a monthly maintenance of Rs.4,000/- (Four Thousand) to the opposite party no.2, which shall commence from 01.04.2024, on which the learned counsel for the opposite party no.2 submits that no useful purpose would be served by sending the petitioner to jail as petitioner is willing to pay a monthly maintenance of Rs.4,000/-. It is further submitted that may be with time, the issues in between the petitioner and the opposite party no.2 may get resolved.
5. The learned counsel for the opposite party no.2 further submits that he will whatsapp the bank account number of the opposite party no.2 on the whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner, so that the monthly maintenance, as agreed, commences from 01.04.2024.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.17419 of 2024(2) dt.22-03-2024 3/3 counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of Ms. Latika Bharti, learned J. M., 1st Class, Patna in connection with Complaint Case No.8719(C) of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail of the petitioner, in the event, if the petitioner does not pay the monthly maintenance as agreed for two consecutive months.
(Satyavrat Verma, J) vikash/- U T