Patna High CourtCR. MISC./30133/2023bail granted

Satish Kumar v. The State Of Bihar

2023-07-24Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30133 of 2023 Arising Out of PS. Case No.-412 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Satish Kumar Son Of Madheshwar Singh @ Mageshwar Singh Resident Of Village- Mahthintola P.S.- Aayar. District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar 2.

Naidu Devi Satish Kumar D/o Krishna Singh R/o Village- Sigori, P.S.- Sigori, District- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahboob Ashraf, Advocate For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP For the complainant :

Mr. Ashok Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-07-2023

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 498(A) and 34 of the Indian Penal Code read with Sections 3⁄4 Dowry Prohibition Act.

3. The petitioner and complainant, in compliance of the order dated 13.07.2023, are present physically in the Court.

4. Learned counsel for the petitioner submits that presently the relationship has soured to such an extent that it is not possible for the petitioner and the complainant to live together.

Patna High Court CR. MISC. No.30133 of 2023(4) dt.24-07-2023 2/3

5. Learned counsel for the complainant also concurs with the submission of the learned counsel for the petitioner.

6. Learned counsel for the petitioner, on instructions, submits that petitioner is willing to pay a monthly maintenance of Rs. 4,000/- towards maintenance of the complainant and two children, it is also submitted that petitioner is a labourer and earns about Rs. 7,000-8,000/- per month.

7. Learned counsel for the complainant, on instruction, does not dispute the said submission of the learned counsel for the petitioner, and 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, commences from 07.08.2023.

8. 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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the

Patna High Court CR. MISC. No.30133 of 2023(4) dt.24-07-2023 3/3 case is pending/successor court in connection with Complaint Case No. 412(C) of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9. 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 petitioner does not credit the maintenance amount, as agreed, for two consecutive months in her account.

10. It is also made clear that the maintenance amount shall come to an end, the moment a court of competent jurisdiction fixes the maintenance.

(Satyavrat Verma, J) Rishi/- U T