Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23954 of 2024 Arising Out of PS. Case No.-1579 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Sunil Kumar Son Of Chhathu Mahto Resident Of Village- Kehuniya, Rampurwa, Ps- Yogapatti, Dist- West Chamaparan ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meera Devi @ Mira Devi Wife Of Sunil Kumar Resident Of VillageKhanuaharpurwa, Ps- Yogapatti, Dist- West Chamaparan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rishabh Mishra For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-07-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A and 494 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

The learned counsel appearing on behalf of the OP No. 2 submits that the case was referred for mediation, but then the petitioner only appeared once.

4.

At this stage, the learned counsel for the petitioner submits that the relationship in between the petitioner and the

Patna High Court CR. MISC. No.23954 of 2024(3) dt.23-07-2024 2/3 Op No. 2 has soured to an extent where it is not possible to revive the conjugal relationship, but then with passage of time and on intervention of well wishers, the parties may reconcile their dispute. It is also submitted that petitioner is also willing to pay monthly maintenance of Rs. 5,000/- (Five Thousand) to the OP No. 2, on which learned counsel appearing on behalf of the OP No. 2 submits that with passage of time, chances are bright that parties may reconcile their differences and no useful purpose would be served by sending the petitioner to jail, since petitioner is willing to pay monthly maintenance of Rs. 5,000/-. 5.

The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance commences from 1-8-2024.

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 anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.23954 of 2024(3) dt.23-07-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1579(c)/2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7.

However, it is made clear that OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months. (Satyavrat Verma, J) SUMIT/- U T