Vikash Giri @ Vikash Kumar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37515 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- MAHILA P.S. District- Saran ====================================================== Vikash Giri @ Vikash Kumar Giri Son Of Ram Ayodhya Giri Resident Of Village - Katiya, P.S. - Janta Bazar, District - Saran ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Priyanka Giri Wife Of Vikash Giri, Daughter Of Surendra Giri Resident Of Village - Mane Ke Mathia, P.S. - Ekma, District - Saran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Alka Panday, Advocate For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-07-2024 1.

Heard learned Counsel for the petitioner, learned Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Saran Mahila PS Case No. 90 of 2023, registered for the offences punishable under Sections 498-A, 494, 506 of the Indian Penal Code.

3.

The allegation, as per the First Information Report, is that the marriage of Opposite Party No. 2 was solemnized with the petitioner on 27.05.2015 and two children born out of the wedlock but after sometime, petitioner solemnized second marriage with Neha Raj and when Opposite Party No. 2

Patna High Court CR. MISC. No.37515 of 2024(2) dt.03-07-2024 2/3 objected, the petitioner and other accused persons threatened her and subjected her to cruelty.

4.

Learned Counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 5,000/- per month to the Opposite Party No. 2 and children as living cost, subject to the final outcome of the present case as well as the matrimonial case, if any, pending and/ or decided between the parties.

5.

Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 5,000/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within ten days from today.

6.

Regard being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the offer made by learned Counsel

Patna High Court CR. MISC. No.37515 of 2024(2) dt.03-07-2024 3/3 for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner, privilege of anticipatory bail.

7.

This application is, accordingly, allowed.

8.

Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Saran, in connection with Saran Mahila PS Case No. 90 of 2023. 9.

This is subject to the condition that the petitioner shall deposit a sum of Rs. 5,000/- per month in the bank account of Opposite Party No. 2 positively, starting from 05th August, 2024.

(Anil Kumar Sinha, J) rinkee/- U T