Krishna Kumar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48310 of 2023 Arising Out of PS. Case No.-424 Year-2021 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== KRISHNA KUMAR BHARTI S/O ARJUN MANDAL R/O Village- Tenotha, P.S- Parwata, Distt.- Khagariya.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Bandana Kumari D/O Vinod Mandal R/O Village- Pariya, P.S- Bariyarpur, Distt.- Munger.

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

For the Petitioner/s :

Mr. Deep Nishi For the Opposite Party/s :

Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-03-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the O.P. No. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that petitioner is willing to keep the O.P. No. 2 and the child with honour and dignity. It is further submitted that petitioner works with the Railways. It is also submitted that it absolutely does not stand to reason that as to why the O.P. No. 2 does not intend to

Patna High Court CR. MISC. No.48310 of 2023(4) dt.06-03-2024 2/3 stay with the petitioner, on which the learned counsel for the O.P. No. 2 submits that petitioner is a drunkard and presently is posted at Chhattisgarh and in drunken condition he assaults her and the child and even does not maintain her and the child properly on account of which the studies of the child was suffering. It is next submitted that the O.P. No. 2 has come back to her parental home where she is staying with her parents and the child is studying in a school.

4. The learned counsel for the petitioner, at this stage, submits that he has instructions to make submission that petitioner in order to establish his bona fide is willing to pay a monthly maintenance of Rs. 15,000/- to the O.P. No. 2 but then the said maintenance shall be subject to the maintenance fixed by a Court of competent jurisdiction in the event if the O.P. No. 2 files a maintenance case.

5. Learned counsel appearing on behalf of the O.P. No. 2 submits that he will Whatsapp the bank account number of the O.P. No. 2 on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance, as agreed, commences from 01.04.2024.

Patna High Court CR. MISC. No.48310 of 2023(4) dt.06-03-2024 3/3

6. Considering the submissions made by the learned counsel for the parties, 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 amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 424C of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, it is made clear that the O.P. No. 2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail granted to the petitioner in the event, the petitioner does not deposit the monthly maintenance, as agreed, for two consecutive months. (Satyavrat Verma, J) Rishabh/- U T