Anish Kumar @ Anish Kumar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32015 of 2023 Arising Out of PS. Case No.-706 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Anish Kumar @ Anish Kumar Thakur Son Of Kanhaiya Thakur Resident Of Village-Pataura, PS- Mufassil, Distt- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP For the Informant :

Mr. Madhurendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 498(A) and 34 of the Indian Penal Code.

The petitioner and the informant, in compliance of the order dated 05.07.2023, are present in the Court. The petitioner who is present submits that relationship between him and the informant has soured to such an extent that it is not possible to resume conjugal life, it is further submitted that he will contest the case but will maintain the informant and the child. He further submits that he is willing to pay a monthly maintenance of Rs. 15,000/- for the maintenance of the

Patna High Court CR. MISC. No.32015 of 2023(3) dt.14-07-2023 2/3 informant and the child which shall commence from 27.07.2023.

The informant who is also present in the Court does not dispute what has been submitted by the petitioner in person. Learned counsel for the informant submits that he will WhatsApp the bank account number of the informant on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the maintenance, as agreed, commences from 27.07.2023.

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 pending/successor court in connection with Motihari Muffasil P.S. Case No. 706 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the informant would be at liberty to file an application seeking cancellation of the anticipatory bail order of

Patna High Court CR. MISC. No.32015 of 2023(3) dt.14-07-2023 3/3 the petitioner in the event, if the petitioner, for two consecutive months, does not deposit the amount of maintenance, as agreed, in her account.

Further, it is made clear that the maintenance, as agreed, by the petitioner before this Court shall be subject to the outcome of the maintenance case decided by a court of competent jurisdiction.

(Satyavrat Verma, J) Rishi/- U T