Unnat Kumar @ Appu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39454 of 2023 Arising Out of PS. Case No.-483 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== UNNAT KUMAR @ APPU KUMAR son of Om Shankar Goswami Resident of village- Lohar Mahla Jhandachouk PS - Barbigha Dist- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Kumari Anupam, Advocate For the State :
Mr. Kumar Ranjit Ranjan, A.P.P.
For the O.P. No. 2 :
Mr. Shailesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-04-2024
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504 and 498(A)/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act.
3. Learned counsel for the opposite party no. 2, at this stage, submits that the matter was referred for mediation but then the same failed.
4. Learned counsel for the petitioner, at this stage, submits that the relation in between the petitioner and the opposite party no. 2 has soured to an extent where for the present it is not possible to revive the conjugal relationship but
Patna High Court CR. MISC. No.39454 of 2023(4) dt.18-04-2024 2/3 then with passage of time the parties may come together but if petitioner is sent to jail, the chances of future reconciliation shall become bleak. It is further submitted that petitioner is willing to pay monthly maintenance of Rs.5,000/- (rupees five thousand) to the opposite party no. 2 which shall commence from 01.05.2024.
5. Learned counsel appearing on behalf of the opposite party no. 2 submits that since the petitioner is willing to pay monthly maintenance of Rs.5,000/- to the opposite party no. 2 as such no useful purpose would be served by sending the petitioner to jail. It is further submitted that he will Whatsapp the bank account number of the opposite party no. 2 on the Whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel on behalf of the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance as agreed commences from 01.05.2024.
6. 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
Patna High Court CR. MISC. No.39454 of 2023(4) dt.18-04-2024 3/3 satisfaction of the learned court below where the case is pending/successor court in connection with Kotwali P.S. Case No. 483 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, the opposite party no. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if the petitioner does not deposit the amount of maintenance as agreed for two consecutive months.
(Satyavrat Verma, J) Kundan/- U T