Abhishek Srivastava @ Abhishek v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24096 of 2023 Arising Out of PS. Case No.-113 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Abhishek Srivastava @ Abhishek, Son Of Late Bipin Bihari Srivastava Resident Of Mohalla- Shivpuri Damuchak, Lane No.- 2, P.S.- Kazimohammadpur, District- Muzaffarpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Laili Sharan @ Lili Wife of Abhishek Srivastava @ Abhishek At present Residing at Mohalla - Dahiyawan, Ramrajya Chowk, Village, P.O. and P.S.- Chapra, District - Saran.

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

For the Petitioner/s :

Mr.Brajesh Kumar Singh For the Opposite Party/s :

Mr. Abhay Kumar- A.P.P.

Mr. Binod Murari Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner, learned counsel for the opposite party no.2 and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in Kazimohammadpur P. S. Case No.113 of 2022 registered for the offences punishable under Sections 341, 323, 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.

3. The learned counsel for the petitioner submits that the matter was referred for mediation, but then, the mediation failed. It is next submitted that the relationship has soured to an

Patna High Court CR. MISC. No.24096 of 2023(6) dt.28-02-2024 2/3 extent that it is difficult to revive, but then, petitioner is willing to pay a monthly maintenance of Rs.10,000/- (Ten Thousand) to the opposite party no.2 for her maintenance.

4. The learned counsel appearing on behalf of the opposite party no.2, based on instruction, submits that in the event, if the petitioner is willing to pay a monthly maintenance of Rs.10,000/- per month, in that event, the opposite party no.2, for the present, is not opposing the anticipatory bail application.

5. The learned counsel for the petitioner, at this stage, submits that the maintenance will commence from 11.03.2024, on which the learned counsel for the opposite party no.2 submits that he will whatsapp the bank account number of the opposite party 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 maintenance, as agreed, commences from 11.03.2024.

6. Considering the submissions made by the learned counsel for the parties, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.24096 of 2023(6) dt.28-02-2024 3/3 satisfaction of the learned Additional Chief Judicial Magistrate1, East, Muzaffarpur in connection with Kazimohammadpur P. S. Case No.113 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

8. However, it is made clear that the opposite party no.2 shall be at liberty to approach this Court seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the petitioner does not pay the monthly maintenance as agreed for two consecutive months. (Satyavrat Verma, J) vikash/- U T