Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30459 of 2022 Arising Out of PS. Case No.-3284 Year-2019 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== MANISH KUMAR Son of Sri Mohan Sah Resident of Village - Ijra Nawada, P.S.- Govindgunj, Distt.- East Champaran. At Present Mohalla Aayachi Gram Near Hanuman Mandir, Kolhua Paigambarpur, P.S.- Ahiyapur, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kiran Kumari W/o Manish Kumar, Resident of Village - Ijra Nawada, P.S.- Govind Ganj, Distt.- East Champaran and Mohalla , Aayachi Gram (Near Hanuman Temple) P.S.- Ahiyapur, Distt.- Muzaffarpur. Presently residing with her father namely Vishwanath Gupta Resident of Village - Hussepaur Mithia, P.S.- Sahebganj, Distt.- Muzaffarpur At Present residing at R/o Mohalla Ayachi Gram (Near nala ), P.S.- Ahiyapur, Dist.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vindhya Keshari Kumar, Sr. Advocate.
Mr. Ravi Shankar Pathak, Advocate.
For the Opposite Party/s :
Mr.Tapeshwar Sharma, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-05-2023 Heard Mr. Vindhya Keshari Kumar, learned senior counsel assisted by Mr. Ravi Shankar Pathak, learned counsel appearing on behalf of the petitioner and Mr. Tapeshwar Sharma, learned APP for the State.
2. As prayed for, learned counsel appearing on behalf of the petitioner is permitted to make necessary correction with regard to the father of the petitioner in the cause title of the bail application in course of the day.
3. The petitioner seeks pre-arrest bail in connection
Patna High Court CR. MISC. No.30459 of 2022(5) dt.04-05-2023 2/3 with Complaint Case No. 3284 of 2019, TR No. 3756 of 2021 registered for the offence punishable under Section 498A of the Indian Penal Code.
4. The present case relates to matrimonial dispute between the petitioner and the opposite party no.2 who are husband and wife.
5. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner has willingly agreed to give Rs. 4000/- per month, however the assisting counsel Mr. Ravi Shankar Pathak submits that some more money can be given to the opposite party no.2. Upon query, it has been informed by Mr. Ravi Shankar Pathak that in the interest of the parties, Rs.5000/- per month is justified and petitioner will definitely make payment of Rs.5000/- every month to the opposite party no.2.
6. Considering the aforesaid submission made on behalf of the petitioner as well as no denial made by the opposite party no.2, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.30459 of 2022(5) dt.04-05-2023 3/3 satisfaction of learned Judicial Magistrate 1st Class, Muzaffarpur in connection with Complaint Case No. 3284 of 2019, TR No. 3756 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The Court below can proceed with the reconciliation proceeding between the parties so that they can lead a happy matrimonial life.
8. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T