Arvind Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52318 of 2021 Arising Out of PS. Case No.-405 Year-2020 Thana- CHAPRA MUFFASIL District- Saran ====================================================== ARVIND RAI S/o Late Raghunath Rai R/o Village- Ram Nagar, Shiv Tola, P.S.- Muffasil, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunita Devi W/o Arvind Rai, D/o Jaleshwar Rai R/o Village- Ram Nagar, Shiv Tola, P.S.- Muffasil, District- Saran, at present R/o Village- Jamuna Mathiya, P.S.- Muffasil, District- Saran.

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

For the Petitioner/s :

Mr. Anant Kumar Bhaskar, Advocate For the Opposite Party/s :

Mr. Kanhaiya Kishore, APP For the Informant :

Mr. Krishna Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. In compliance of the order dated 01.11.2022, the petitioner and the informant along with their respective counsels are present in the Court.

The petitioner who is present in the Court, at the outset, submits that initially as per orders of this Court, he was paying Rs. 4,000/- per month by way of maintenance to the informant but on account of intervention of well-wishers, he is now ready to pay an amount of Rs. 6,000/- to the informant by way of maintenance until maintenance is not decided by a Court of competent jurisdiction.

Patna High Court CR. MISC. No.52318 of 2021(8) dt.16-11-2022 2/3 The informant who is present in the Court also accepts the offer given by the petitioner.

Learned counsel for the informant submits that he will Whatsapp the bank account number of the informant to the learned counsel for the petitioner. Learned counsel for the petitioner submits that he in turn will Whatsapp the same to the petitioner.

The petitioner submits that initially he was depositing the money in the Nazarat but after getting the bank account number of the informant, he will start crediting the amount in the said account of the informant from this month i.e., November itself. He further submits that, thereafter, in between 1-15 of every month, commencing from December 2022, the amount as agreed (Rs. 6,000/-) shall be credited in the account of the informant.

After hearing learned counsel 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. 5,000/- (Rupees Five 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

Patna High Court CR. MISC. No.52318 of 2021(8) dt.16-11-2022 3/3 with Chapra Muffasil P.S. Case No. 405 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, 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 amount, as agreed before this Court, the learned Trial Court shall forthwith cancel the bail bonds of the petitioner after recording reasons and will take all coercive measures to ensure that petitioner is put behind bars.

(Satyavrat Verma, J) Rishi/HarshU T