Manish Rauniar @ Manish Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20414 of 2023 Arising Out of PS. Case No.-769 Year-2020 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== MANISH RAUNIAR @ MANISH KUMAR GUPTA Son of Bhikhari Rauniar Resident of Village - Chakhani Rajwatiya, Police Station - Bagaha, District - West Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Premshila Devi Wife of Hansa Turaha Resident of Village - Chakhani Rajwatiya, Police Station - Bagaha, District - West Champaran. Shankhane Kumari, W/O MANISH RAUNIAR @ MANISH KUMAR GUPTA, D/O Hansa Turaha, Resident of Village - Chakhani Rajwatiya, Police Station - Bagaha, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 3.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 498(A), 376 and 420 of the Indian Penal Code.

3. The petitioner and the opposite party no. 3 in compliance of the order dated 02.07.2024 are present in the Court.

4. Learned counsel for the petitioner submits that petitioner, being the husband of the opposite party no. 3, has

Patna High Court CR. MISC. No.20414 of 2023(5) dt.29-07-2024 2/3 been falsely implicated in the instant case by the opposite party no. 2 who is mother of the opposite party no. 3. It is further submitted that had the petitioner tortured the opposite party no. 3 in any manner then opposite party no. 3 would have instituted the present case. It is next submitted that the dispute has arisen in between him and the opposite party no. 3 on account of interference of her parents. It is also submitted that petitioner is ready and willing to keep the opposite party no. 3 with honour and dignity and intends to restitute his conjugal right.

5. The opposite party no. 3 is not interested in reviving her conjugal relationship on which the petitioner submits that he is willing to pay a monthly maintenance of Rs.2,500/- to the opposite party no. 3 on which learned counsel appearing on behalf of the opposite party no. 3 submits that he will WhatsApp the bank account number of the opposite party no. 3 on the WhatsApp number of the learned counsel appearing on behalf of the petitioner and the leaned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance as agreed commences from 12.08.2024.

6. Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the

Patna High Court CR. MISC. No.20414 of 2023(5) dt.29-07-2024 3/3 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 Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Complaint Case No. 769-C of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the opposite party no. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if the petitioner does not pay the maintenance amount as agreed for two consecutive months. (Satyavrat Verma, J) Kundan/- U T