Gautam Kumar Ram @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19027 of 2022 Arising Out of PS. Case No.-1447 Year-2020 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== GAUTAM KUMAR RAM @ GAUTAM KUMAR S/O UPENDRA RAM R/o village- Ahiyapur Takiya, P.S.- Mansoorchak, District- Begusarai ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gayatri Kumari W/o Gautam Kumar Ram, D/o Ram Subhag Ram Residing at Village- Basantpur, P.S.- Khanpur, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandan Kumar Kashyap, Adv.

For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 1447 of 2020 instituted under Sections 498A of the Indian Penal Code.

On 27.9.2022, a coordinate bench of this Court had issued notice to the opposite party No. 2.

No one is representing the opposite party No. 2. Learned Sessions Judge on 5.3.2022 had taken note of the fact that till the disposal of the maintenance case/divorce case, the petitioner will be paying Rs. 2000/- per month but he chose to default and accordingly his anticipatory bail was

Patna High Court CR. MISC. No.19027 of 2022(3) dt.10-01-2023 2/3 rejected.

Learned counsel for the petitioner at the outset submits that he will be clearing the dues of Rs. 2000/- per month beginning from February 2022 till December 2022 as also will be paying Rs. 3000/- per month beginning from January 2023.

He further assures that the said amount will be paid to the opposite party No. 2-wife of the petitioner by every 10th day of the month. This, he has submitted on his own without accepting the result of this case.

Taking into account the fair submission of the learned counsel for the petitioner as also the fact that he do not have any criminal antecedent, this Court is inclined to grant him relief subject to the payment of the all the due amount as undertaken by the learned counsel for the petitioner, as stated above. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Complaint Case No. 1447 of 2020 to the satisfaction of learned Judicial Magistrate 1st Class, Samastipur subject to the conditions as laid down

Patna High Court CR. MISC. No.19027 of 2022(3) dt.10-01-2023 3/3 under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan /Ajay Singh/- U T