Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17381 of 2019 Arising Out of PS. Case No.-1966 Year-2017 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Satish Kumar, Son of Pramod Kumar Resident of Village - Rampur Dayal, P.S.- Piyar, Distt - Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Archana Kumari, D/o Vishwanath Chaudhary Resident of Village - Chorahi, P.S.- Goraul (Kathara O.P) Distt - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey For O.P. No.2 :

Arirudh Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State as well as learned counsel for Opposite Party No.2.

Petitioner apprehends his arrest in connection with Complaint Case No.1966 of 2017, in which cognizance under Section 498A and 34 IPC has been taken against the petitioner. The matter was referred for Mediation but from perusal of the Mediation Report, it appears that Mediation between the parties has failed. However, during the course of argument, learned counsel appearing for the petitioner offers that without prejudice the rights and contentions to the petitioner, he is ready to pay a sum of Rs.10,000/- per month as

Patna High Court CR. MISC. No.17381 of 2019(4) dt.09-09-2019 2/3 a living cost to the complainant-opposite Party No.2 with effect from 1st October, 2019. The learned counsel further submits that a sum of Rs.6000/- per month is being paid to the Opposite Party No.2 by the petitioner regularly and balance amount of Rs.4000/- per month shall be paid as starting from Ist October, 2019, subject to the final outcome of the matrimonial case filed by the parties.

Learned counsel appearing for Opposite Party No.2 on instruction accepts the offer made by the petitioner. Having regard to the facts and circumstances and offer made by the petitioner which is accepted by Opposite Party No.2, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Vaishali at Hajipur, subject to the condition that he will be paying further sum of Rs.4000/- per month, i.e., total Rs.10,000/- (6000+4000) starting from October, 2019 in the bank account of the Opposite Party No.2 in which the petitioner has been depositing a sum of Rs.6000/- from before.

Patna High Court CR. MISC. No.17381 of 2019(4) dt.09-09-2019 3/3 It is made clear that at the time of furnishing bail bond, the proof of payment of further sum of Rs.4,000/- plus a sum of Rs.6000/-, i.e., total Rs.10,000/- in the month of October, 2019 must be attached along with surrender-cum-bail application by the petitioner.

In case petitioner deviates from the promises and terms and conditions of the bail, the Opposite Party No.2 shall be at liberty to move an appropriate application before an appropriate Court of law.

(Anil Kumar Sinha, J) sanjeev/- U T