Patna High CourtCR. MISC./20910/2023bail granted

Nagendra Kumar v. The State Of Bihar

2023-07-26Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20910 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== NAGENDRA KUMAR S/O DEVENDRA SINGH R/O Village- Madaini, P.SSasaram, Distt.- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar 2.

Smriti Kumari W/O Nagendra Kumar, D/O Late Sudama Singh R/O VillageMadaini, P.S- Sasaram, Distt.- Rohtas at Present R/O Village- Dibhiya, P.SKargahar, Distt.- Rohtas. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Harsh For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-07-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with the learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that the relationship between the petitioner and the informant has soured to an extent that it is not possible to revive the conjugal relationship, it is next submitted that the petitioner will contest the case but will not shy away from his responsibility of

Patna High Court CR. MISC. No.20910 of 2023(4) dt.26-07-2023 2/3 maintaining the informant and the child who presently is residing with the informant, it is next submitted that the petitioner is willing to take the entire responsibility of the child, it is further submitted, based on instruction, that the petitioner is willing to pay a monthly maintenance of Rs. 6,000/- for the maintenance of the informant and the child which shall commence from 10.08.2023. It is next submitted that the petitioner will credit the amount of maintenance in the bank account of the informant.

4. Learned counsel for the informant does not dispute the submission of the learned counsel for the petitioner and submits that he will provide the bank account number of the informant to the learned counsel for the petitioner on his whatsapp.

5. Learned counsel for the petitioner submits that he will forward the same to the petitioner so that the maintenance amount as agreed starts getting credited in the account of the informant.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.20910 of 2023(4) dt.26-07-2023 3/3 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 trial court where the case is pending/successor court in connection with Complaint Case No. 355 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that informant would be at liberty to file an application seeking cancellation of the anticipatory bail order of the petitioner in the event if the petitioner does not deposit the amount agreed consecutively for two months in her account.

8. It is further made clear that this maintenance amount shall stop the moment a Court of competent jurisdiction fixes the amount of maintenance.

(Satyavrat Verma, J) HarshPandey/- U T