Chandra Bhanu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26515 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== CHANDRA BHANU KUMAR Son of Rabindra Kumar Yadav Resident of village - Barhat Salaiya, P.S. - Barhat, District - Jamui. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Rozi Kumari D/o Ramashankar Yadav Resident of Village - Madheera, P.S. - Tarapur, District - Munger.

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

For the Petitioner/s :

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

Mr. Ravindra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

Learned counsel for the complainant at the outset submits that the matter was referred for mediation but the same failed.

Learned counsel for the petitioner submits that petitioner is working as a Manager in a Bank in Mumbai. It is further submitted that the allegations are false and fabricated. It is next submitted that petitioner is willing to pay a maintenance

Patna High Court CR. MISC. No.26515 of 2022(9) dt.24-06-2023 2/3 amount of Rs.10,000/- per month to the complainant commencing from 1st July, 2023. It is also submitted that an interim maintenance has also been granted to the complainant of Rs.5,000/- by a Court of competent jurisdiction. It is further submitted that Rs.10,000/- would be in addition to Rs.5,000/- which has been granted to the petitioner by way of interim maintenance. Learned counsel next submits that in the event the maintenance case is decided finally the maintenance amount fixed by the Court of competent jurisdiction shall be final, to which learned counsel for the complainant does not dispute. Learned counsel also submits that petitioner is presently paying the amount of Rs.5,000/- which has been fixed by the Court of competent jurisdiction.

Learned A.P.P. also does not object the anticipatory bail application.

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

Patna High Court CR. MISC. No.26515 of 2022(9) dt.24-06-2023 3/3 pending/successor court in connection with Complaint Case No. 219 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that the payment of Rs.10,000/- as agreed by the petitioner would be subject to the final outcome of the maintenance case filed by the complainant, i.e., the moment the maintenance is decided finally, the payment of Rs.10,000/- (Ten Thousand) shall stop.

(Satyavrat Verma, J) Kundan/- U T