Manish Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34916 of 2022 Arising Out of PS. Case No.-428 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== MANISH CHAUHAN Son of Balindra Chauhan Resident of VillageAmarpur, Beldari, P.S.- pakribarawan, District - Nawada. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Mintu Devi Daughter of Arjun Chauhan, Wife of Manish Chauhan Resident of Village- Jogna, Beldari, P.S.- Warisaliganj, District - Nawada, Mob. 7763828896.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hansraj, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

:

Mr. Vivek Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-11-2022 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 323, 504 and 498(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is the husband, it is next submitted that petitioner has been falsely implicated in the present case, though he is willing to keep the informant with honour and dignity.

Learned counsel for the informant on instructions

Patna High Court CR. MISC. No.34916 of 2022(3) dt.28-11-2022 2/3 submits that informant is not willing to accompany the petitioner.

On this, the learned counsel for the petitioner submits that being husband he has a duty towards his wife since she is not willing to accompany, as such, he is willing to pay a monthly maintenance of Rs. 4,000/- per month to the informant.

Learned counsel for the informant submits that he will What's App the Bank Account No. of the informant to the learned counsel for the petitioner and the learned counsel for the petitioner submits that immediately he will What's App the said Bank Account no. to the petitioner and thereafter the monthly maintenance as agreed shall commence from December 2022 till maintenance is not fixed by a Court of competent jurisdiction.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like

Patna High Court CR. MISC. No.34916 of 2022(3) dt.28-11-2022 3/3 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 428 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, in the event, if the informant files an application before the learned trial Court bringing to its notice that the petitioner for two consecutive months has not paid the maintenance amount as agreed before this Court, the learned trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law and shall have the liberty to cancel the bail bonds. (Satyavrat Verma, J) GauravSinha/- U T