Shekhar Singh @ Shekhar Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38236 of 2023 Arising Out of PS. Case No.-1589 Year-2021 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== SHEKHAR SINGH @ SHEKHAR KUMAR SINGH Son of Mahipal Singh Resident of village - Gurung Basti Veer Javan More, P.s.- Pradhan Nagar, Distt. - Darjeeling (West Bengal) ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pammi Singh Wife of Shekhar Singh @ Shekhar Kumar Singh R/o Gurung Basti Veer Javan More, P.S. - Pradhan Nagar, Distt. - Darjeeling (West Bengal). D/o Rajendra Singh, Resident of village and P.O. - Tiyay, P.S. - Andar, Distt. - Siwan, M.No. - 8002339862 ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mirtyunjay Kumar Mishra For the Opposite Party/s :
Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State Mr. Jharkhandi Upadhyay along with learned counsel for the O.P. No.2.
2. The petitioner apprehends his arrest in connection with Complaint Case No.1589/2021 registered for the offence punishable under Sections 498(A), 323, 325, 406, 313, 307 of the Indian Penal Code & Sections 3 and 4 of the D.P. Act.
3. Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case with general and omnibus allegations. It is next submitted that the case was referred for mediation but then the
Patna High Court CR. MISC. No.38236 of 2023(4) dt.21-02-2024 2/3 mediation proceeding failed. It is next submitted that whether it was fault of the petitioner or the O.P. No.2 cannot be adjudicated in the present anticipatory bail application but then the petitioner in order to show his bonafide is willing to pay a monthly maintenance of Rs.5500/- per month to the O.P. No.2 for her maintenance which shall be commenced from 11.03.2024.
4. Learned counsel for the O.P. No.2 for the present based on instruction does not oppose the anticipatory bail application of the petitioner. It is also submitted that the learned counsel shall forward the bank account number of the O.P. No.2 on the whats app of the learned counsel for the petitioner and the learned counsel undertakes to communicate the same to the petitioner so that the maintenance as agreed commences from 11.03.2024.
5. Considering the submissions made by the learned counsels for the parties, 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with
Patna High Court CR. MISC. No.38236 of 2023(4) dt.21-02-2024 3/3 Complaint Case No.1589/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
6. However, the O.P. No.2 shall be at liberty to file an application before this Court seeking cancellation of anticipatory bail granted to the petitioner in the event if the petitioner for two consecutive months does not pay the maintenance amount as agreed.
(Satyavrat Verma, J) amit/- U T