Amar Deep Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32850 of 2024 Arising Out of PS. Case No.-27 Year-2023 Thana- MAHILA P.S. District- Patna ====================================================== Amar Deep Sharma Son of Sri Surya Narayan Sharma Permanent Resident of Mohalla- Rahamganj Banker's Colony, P.S- Laheriya Sarai , DistDharbhanga. Presently Resident of - Panchshil Nagar, East Golaroad, P.SDanapur, Dist- Patna ... ... Petitioner/s
Versus
1.
The State Of Bihar 2.
Manisha Kumari Wife of Amar Deep Sharma and Daughter of Sri Tun Tun Prasad Resident of Mohalla- Quarter No- 132, Type-II, P and T. Colony , Kidwaipuri, P.S- Kotwalii, Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shambhu Prasad Yadav For the Opposite Party/s :
Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024
1. Heard learned Senior counsel for the petitioner Mr. Yogesh Chandra Verma and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A), 506 and 34 of the Indian Penal Code & Sections 3⁄4 D.P. Act.
3. Learned Senioir counsel for the petitioner submits that presently the relationship in between the petitioner and the O.P. No.2 has deteriorated to an extent where it is not possible to revive the conjugal relationship but then in future the parties may reconcile, as such, no useful purpose would be served by
Patna High Court CR. MISC. No.32850 of 2024(3) dt.23-08-2024 2/3 sending the petitioner to jail which may mar the chance of future reconciliation. The learned Senior counsel based on instruction submits that the petitioner is willing to pay a monthly maintenance of Rs.11,000/- to the O.P. No.2, which shall commence from 02.09.2024.
5. The learned counsel appearing on behalf of the O.P. No.2 fairly submits that no useful purpose would be served by sending the petitioner to jail since the petitioner is willing to pay a monthly maintenance of Rs.11,000/- to the O.P No.2. It is next submitted that the bank account number of the O.P No.2 shall be whatsapped on the whats app number of the learned counsel appearing on behalf of the petitioner. The learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that, the monthly maintenance as agreed commences from 02.09.2024.
6. Considering the submissions made by the learned counsels 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 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 trial court where the case is
Patna High Court CR. MISC. No.32850 of 2024(3) dt.23-08-2024 3/3 pending/successor court in connection with Mahila P.S. Case No.27/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, the O.P No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the petitioner does not deposit the amount of maintenance, as agreed, for two consecutive months.
(Satyavrat Verma, J) amit/- U T