Shashikant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31350 of 2021 Arising Out of PS. Case No.-66 Year-2020 Thana- MAHILA P.S. District- Nalanda ====================================================== SHASHIKANT KUMAR S/O MAHESH YADAV VILLAGE-BASODIH, P.S-BEN, DISTRICT-NALANDA.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
PINKI DEVI D/O ISHWARDHARI PRASAD R/O VILLAGERAJABIGHA, P.S. CHHABILAPUR, DISTRICT NALANDA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kishor Prasad For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Maahila Case No. 66 of 2020 instituted for the offence under Sections 498A, 341, 323, 504, 506, 494/34 of the Indian Penal Code.
As per allegation in the FIR, petitioner along with other family members started to abuse, assault and torture the informant mentally and physically and ultimately they ousted her from her matrimonial home.
It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.31350 of 2021(8) dt.12-07-2022 2/3 that petitioner is husband of the informant and he is ready to keep the informant as wife with full dignity and honour. The aforesaid offer of the petitioner has not been accepted by the informant who denies to go to her matrimonial house and live with her husband. However, she prays for some maintenance for her survival as she is a housewife and she is not able to maintain herself .
In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee six thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.
In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 6,000/- (Six Thousand) in first week of every month commencing from July as maintenance in the account furnished by the informant.
Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner,
Patna High Court CR. MISC. No.31350 of 2021(8) dt.12-07-2022 3/3 above named, in the event of his arrest or surrender before learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned SDJM, Nalanda at Biharsharif in connection with Mahila P.S. Case No. 66 of 2020, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 6,000/- (for the month of July) by the petitioner in the account of the informant.
The aforesaid payment will be subject to any order passed in the maintenance case for final settlement. (Sunil Kumar Panwar, J) sushma/- U