Satish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24287 of 2024 Arising Out of PS. Case No.-717 Year-2021 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== Satish Yadav S/o Raj Kumar Yadav Resident of Village- Postapur, P.S.- Keoti, Dist- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sudha Devi W/o Satish Yadav, D/o Jagnarayan Yadav Resident of VillageKayamchak, P.S.- Keoti, Dist.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Baidyanath Prasad For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 323, 498(A), 379, 492 and 371 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that being husband, he has been falsely implicated in the instant case. It is further submitted that the relationship in between the petitioner and the O.P. No.2 has deteriorated to an extent where it is not possible to revive the conjugal relationship but then submits that may be with passage of time and on intervention of

Patna High Court CR. MISC. No.24287 of 2024(2) dt.08-05-2024 2/3 well wishers, the parties may reach an amicable solution, but if the petitioner is sent to judicial custody, in that event, the chances of future reconciliation will become bleak. It is also submitted based on instruction that the petitioner is willing to pay a monthly maintenance of Rs.5000/- to the O.P. No.2 and the child, which shall commence from 27.05.2024.

5. The learned counsel appearing on behalf of the O.P. No.2 on instruction fairly submits that since the petitioner is willing to pay a monthly maintenance of Rs.5000/- to the O.P No.2, in that event, the O.P. No.2 is not opposing the anticipatory bail application of the petitioner. It is next submitted that the bank account number of the O.P No.2 shall be whatsapped on the whats app number of the learned counsel appearing on behalf of the petitioner. The learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that, the monthly maintenance as agreed commences from 27.05.2024.

6. Considering the submissions made by the learned counsels for the parties, 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

Patna High Court CR. MISC. No.24287 of 2024(2) dt.08-05-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.R. Case No.717/2021, T.R. No.1440/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the O.P No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the petitioner does not deposit the amount of maintenance, as agreed, for two consecutive months.

(Satyavrat Verma, J) amit/- U T