Sushil Chaudhary @ Sushil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34759 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- MAHILA P.S. District- Sheikhpura ====================================================== SUSHIL CHAUDHARY @ SUSHIL KUMAR Son of Shailendra Chaudhary Resident of Village - Shekhopur Dih, P.S.- Shekhopur Sarai, Distt.- Sheikhpura.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Ranju Devi, D/o Sri Brahmdeo Chaudhary, R/V. Ramjanpur, P.S. Barbigha, Dist. Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bipin Kumar, Advocate For the Opposite Party/s :
Mr. Dashrath Mehta, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A), 341, 323, 504 and 506/34 of the Indian Penal Code as well as Sections 3 and 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and being the husband of the informant he has been falsely implicated in the present case. It is further submitted that the matter was referred for mediation but the same failed. It is next submitted that the petitioner is willing to pay a monthly maintenance of Rs.5,000/- (Five Thousand) per month commencing from 01.07.2023 to the
Patna High Court CR. MISC. No.34759 of 2022(7) dt.24-06-2023 2/3 informant till the matter is not finally adjudicated in the trial or any Court of competent jurisdiction fixes the maintenance. Learned counsel for the informant on instruction agrees with the submission of the learned counsel for the petitioner.
At this stage, learned counsel for the informant submits that he will obtain the bank account number of the informant and will Whatsapp the same to the learned counsel for the petitioner and the learned counsel for the petitioner submits that the moment he receives the bank account number of the informant he will forward the same to the petitioner for paying the maintenance amount as agreed.
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 case is pending/successor court in connection with Sheikhpura Mahila P.S. Case No. 12 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Patna High Court CR. MISC. No.34759 of 2022(7) dt.24-06-2023 3/3 However, it is made clear that if the petitioner fails to pay the monthly maintenance for two consecutive months, the informant shall be at liberty to file an application seeking cancellation of bail granted to the petitioner before this Court. (Satyavrat Verma, J) Kundan/- U T