Patna High CourtCR. MISC./22187/2022bail granted

Abhay Kumar v. The State Of Bihar

2023-07-27Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22187 of 2022 Arising Out of PS. Case No.-986 Year-2021 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== ABHAY KUMAR S/o Late Rajeshwar Prasad Singh Resident of VillageManer, P.S.- Maner, District- Patna ... ... Petitioner/s

Versus

The State of Bihar 2.

Neha Kumari W/o Abhay Kumar Resident of Village- Shyamchak, P.S.- Bhagwan Bazar, District- Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Madhav Raj, Advocate For the Opposite Party/s :

Mr. Renu Kumari, APP For the Complainant :

Mr. Satyapal Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner, learned counsel for the complainant and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that presently the relationship between him and the complainant has soured to such an extent that it is not possible to revive the conjugal relationship. It is next submitted that the petitioner will contest the case but then he will also maintain the informant and the child, who presently is staying with the informant. It is further submitted that the petitioner is willing to pay a monthly

Patna High Court CR. MISC. No.22187 of 2022(11) dt.27-07-2023 2/3 maintenance of Rs. 12,000/- which shall be credited in the account of the complainant from 07.08.2023.

4. Learned counsel for the complainant submits that he will WhatsApp the bank account number of the complainant to the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance, as agreed, starts getting credited in the account of the complainant from 07.08.2023.

5. 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 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. 986 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, it is made clear that the complainant would be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the

Patna High Court CR. MISC. No.22187 of 2022(11) dt.27-07-2023 3/3 petitioner does not credit the maintenance amount, as agreed, for two consecutive months in her account.

(Satyavrat Verma, J) Rishi/- U T