Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 15539 of 2022 Arising Out of PS. Case No.-665 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== DEEPAK KUMAR S/o Vijay Shanker Singh Resident of Village and P.O.- Kashwa (Abhaipur), P.S.- Piri Bazar, District- Lakhisarai. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priti Kumari W/o Deepak Kumar, Do Ram Naresh Singh Resident of Village and P.O.- Kashwa (Abhaipur), P.S.- Piri Bazar, District- Lakhisarai at present resides at Village- Kaviya- Basutoli, P.S.- Bhagwanpur, DistrictBegusarai. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Ms. Gauri Shankar Gupta Mr. Sandip Kumar Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 504, 307 and 498 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.
Learned counsel for the petitioner submits that petitioner is husband and he has already filed a divorce case and thus now it is difficult to revive the conjugal relationship. Learned counsel next submits that the informant has already
2/4 filed a maintenance case which is pending adjudication before the learned Family Court, Begusarai, it is further submitted that petitioner is ready and willing for a one time settlement. Learned counsel for the informant submits that he has instructions to make submission that the informant is not willing for a one time settlement but if she gets a monthly maintenance, till the maintenance case is not adjudicated by learned Family Court, Begusarai, she will not oppose the anticipatory bail application of the petitioner.
Learned counsel for the petitioner and the learned counsel for the informant sought a short adjournment for seeking instructions from their respective clients and thereafter again came back to the Court and the learned counsel for the petitioner submitted that he has instructions to make submission that petitioner is willing to pay a monthly maintenance of Rs. 5000/- per month from 01.10.2022 till the maintenance case pending before the learned Family Court, Begusarai is not decided.
Learned counsel for the informant submits that he is also willing to accept the offer given by learned counsel for the petitioner.
Learned counsel for the petitioner submits that the
3/4 informant be requested to furnish her bank account number in the learned trial court so that the petitioner starts paying the monthly maintenance in the said account to which learned counsel for the informant agrees.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned 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 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 Complaint Case No. 665 (C) of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Further, since the petitioner has undertaken to pay a monthly maintenance of Rs. 5,000/- per month to the informant till the maintenance case pending before the family Court is not adjudicated as such if the petitioner by 15th of every month commencing from October, 2022 does not pay the maintenance amount as agreed and the same is brought to the notice of the
4/4 learned trial court by the informant, the learned trial court shall forthwith cancel his bail bonds after recording reasons. (Satyavrat Verma, J) gauravkr/- U T