Patna High CourtCR. MISC./18496/2022bail granted

Pramod Thakur v. The State Of Bihar

2024-04-10Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18496 of 2022 Arising Out of PS. Case No.-1080 Year-2021 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== PRAMOD THAKUR, Son of Indradev Thakur R/O Village - Gaura, P.S.- Teghra, District - Begusarai ... ... Petitioner/s

Versus

The State of Bihar 2.

Loveli Kumari, Wife of Pramod Thakur D/O Ramanuj Singh, R/O Village - Simariya, P.S.- Barauni, District - Begusarai ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit Mr.Apurv Harsh Mr. Kumar Prashant Bhardwaj Ms.Mahima Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024

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 Complaint Case No.1080C of 2021 registered for the offences punishable under Sections 498(A), 323, 341 and 504 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner, being husband, has been falsely implicated in the instant case by the informant. It is further submitted that the relationship in between the petitioner and the complainant has

Patna High Court CR. MISC. No.18496 of 2022(9) dt.10-04-2024 2/3 deteriorated to an extent that it is not possible to revive the conjugal relationship, but then, petitioner, being husband, is aware of his responsibility and is willing to pay a monthly maintenance of Rs.6,000/- (Six Thousand). It is further submitted that petitioner works as an electrician on contractual basis and his gross salary is about Rs.39,000/-, but after all deductions, he receives salary of nearly Rs.17,000/-

4. The learned counsel appearing on behalf of the opposite party no.2, based on instructions, 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.6,000/- to the opposite party no.2.

5. It is also submitted that with passage of time, the wounds may be heeled, but if petitioner is sent to jail in that event, in future the chances of reconciliation will become bleak. It is next submitted that he will whatsapp the bank account number of the opposite party no.2 on the whatsapp number of the learned counsel appearing on behalf of 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 22.04.2024.

6. In view of the submission made by the parties, the

Patna High Court CR. MISC. No.18496 of 2022(9) dt.10-04-2024 3/3 provisional bail granted to the petitioner by order dated 01.12.2022 is hereby confirmed on the same terms and conditions.

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 petitioner does not pay the monthly maintenance as agreed for two consecutive months.

9. It is further made clear that in the event, if a Court of competent jurisdiction decides the maintenance case, in that event, the present maintenance will stop.

(Satyavrat Verma, J) vikash/- U T