Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37072 of 2024 Arising Out of PS. Case No.-63 Year-2023 Thana- MAHILA P.S. District- Bhojpur ====================================================== Chandan Kumar Singh son of Late Nagendra Singh Village- Samardah PsBihiya Dist- Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Priya Kumari D/o- Jitendar Kumar Singh Village- Bhelai Krishnagar PsUdawantnagar Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiv Prasad Gupta For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-07-2024 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 313, 379, 498A and 34 of the Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act.

3.

The learned counsel for the petitioner, at the outset, submits that petitioner, being husband, has been falsely implicated in the instant case. It is next submitted that the relationship in between the petitioner and the OP No. 2 has soured to an extent where it is not possible to revive the

Patna High Court CR. MISC. No.37072 of 2024(2) dt.01-07-2024 2/3 conjugal relationship. It is also submitted that petitioner has also filed a divorce case being Divorce Case No. 288 of 2023 pending adjudication in the court of learned Principal Judge, Bhojpur at Ara. It is also submitted that petitioner is paying a monthly maintenance of Rs. 8,000/- to the OP No. 2. 4.

The learned counsel appearing on behalf of the OP No. 2 submits that no useful purpose would be served by sending the petitioner to jail since it has been submitted by learned counsel appearing on behalf of the petitioner that petitioner is paying a monthly maintenance of Rs. 8,000/- to the OP No. 2.

5.

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 trial court 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 trial court where the case is pending/successor court in connection with Mahila P.S. Case No. 63 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6.

However, it is made clear that OP No. 2 shall be at

Patna High Court CR. MISC. No.37072 of 2024(2) dt.01-07-2024 3/3 liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months. (Satyavrat Verma, J) SUMIT/- U T