Shambhu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21883 of 2022 Arising Out of PS. Case No.-2261 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== SHAMBHU SAH S/o Kamal Sah Resident of Village- High School Chowk, Ward No.-15, Jogbani, P.S.- Jogbani, Dist- Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Uma Devi D/o Giranand Sah, W/o Shambhu Sah Resident of VillageBelahi, P.S.- Bathnaha, District- Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s :

Ms. Suman Kumari Singh, APP For the Informant/s :

Mr. Shivpujan Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner and the informant, along with their respective counsels, are physically present in the Court, without going into the merits of the case the petitioner submits that he is willing to pay a monthly maintenance of Rs. 5000/- to the informant which will commence from January 2023, the informant, who is also present, agrees to the offer given by the petitioner.

The learned counsel for the informant submits that he will Whatsapp the bank account number of the informant to the learned counsel for the petitioner, the learned counsel for the

Patna High Court CR. MISC. No.21883 of 2022(6) dt.21-12-2022 2/3 petitioner submits that the moment he will receive the bank account number of the informant on his Whatsapp, she will forward the same to the petitioner on his Whatsapp and thereafter the maintenance will commence from January 2023 and the amount as agreed shall be paid in between 1-10 of every month till the maintenance is not fixed by a Court of Competent Jurisdiction.

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 anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 2261 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Further, in the event, if the informant files an application before the learned trial Court bringing to its notice that the petitioner, as agreed before this Court, has not paid the maintenance amount consecutively for two months. The learned trial court after giving an opportunity of

Patna High Court CR. MISC. No.21883 of 2022(6) dt.21-12-2022 3/3 hearing to the petitioner shall pass order in accordance with law and shall also have the liberty to cancel the bail bonds of the petitioner.

(Satyavrat Verma, J) Shivam/- U T