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Patna High CourtCR. MISC./20024/2022allowed

Anupam @ Anupam Kumar Chanchal @ Anupam Singh v. The State Of Bihar

2022-09-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20024 of 2022 Arising Out of PS. Case No.-1233 Year-2020 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== ANUPAM @ ANUPAM KUMAR CHANCHAL @ ANUPAM SINGH Son of Dinesh Singh Resident of Village - Savna, P.S.- Badhhariya, Distt.- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shashibala Devi W/o Anupam Singh , D/o Anil Rai Resident of Village - Khurhuriya, P.s.- Kateya, Distt.- Gopalganj.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhramveer, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP For the Informant :

Mr. Bijay Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner, complainant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498(A) and 406 of the Indian Penal Code.

The accusation is of making assault for nonfulfillment of dowry demand. It is submitted by learned counsel for the petitioner that the petitioner tried his best to resume the conjugal life with the informant but the complainant herself does not want to live with the petitioner. The petitioner is still ready to keep the complainant as wife with full dignity and honour. A statement to

Patna High Court CR. MISC. No.20024 of 2022(2) dt.21-09-2022 2/3 that effect has been made in para 8 of the petition. Learned counsel appearing on behalf of the complainant has submitted that petitioner is in habit of making assault with the complainant. Hence, out of fear of life, she does not want to live with the petitioner.

In the alternative, the petitioner is ready to make payment of Rs. 4,000/- per month to the complainant by depositing the same in her bank account by 1st week of every month.

The petitioner undertakes that he shall pay the monthly payment of Rs. 4,000/- of this month i.e. September, 2022 to the complainant before filing of the bail bonds and from October, 2022, he shall continue making payment of Rs. 4,000/- per month by 1st week of every month in the bank account of the complainant.

The learned counsel appearing on behalf of the complainant has accepted the offer of the petitioner and undertakes to provide bank account details of the complainant to the petitioner as early as possible.

Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be

Patna High Court CR. MISC. No.20024 of 2022(2) dt.21-09-2022 3/3 released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri Rajeev Pandey, Judicial Magistrate, Ist Class, Gopalganj/concerned Court in connection with Complaint Case (P) Reg. No. 1233 of 2020/Trail No.2387 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- by the petitioner in the account of the complainant. The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings (Sunil Kumar Panwar, J) Brajesh Kumar/- U T