Patna High CourtCR. MISC./37418/2019bail granted

Dr. Vijay Kumar v. The State Of Bihar

2024-03-21Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37418 of 2019 Arising Out of PS. Case No.-802 Year-2018 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== DR. VIJAY KUMAR S/o Late Raj Kishore Prasad Singh Resident of HIG-32, Mohalla- Sardar Patel Nagar Housing Colony, P.O. and P.S.- Dhanbad, District- Dhanbad, Jharkhand ... ... Petitioner/s

Versus

The State of Bihar 2.

Kumari Ekta Singh W/o Sumit Kumar, D/o Dr. Surendra Kumar Singh R/o C/o- Sunil Kumar, Near kali Asthan Mohalla- Khilanganj, P.S.- Sasaram, District- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Mushtaque Alam For the Opposite Party/s :

Mr. Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-03-2024

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

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A) and 354(B) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is father-in-law of the O.P. No.2 and has been falsely implicated in the instant case by the complainant with general and omnibus allegation. It is also submitted that the complainant had moved before the learned D.V. Court, wherein the D.V.

Patna High Court CR. MISC. No.37418 of 2019(17) dt.21-03-2024 2/3 Court had directed the petitioner to pay a monthly maintenance of Rs.5000/- to the complainant from the date of filing of the case. It is next submitted that the order of D.V. Court was challenged by the petitioner before the superior forum but then the order was finally affirmed. It is further submitted that the petitioner is willing to pay Rs.5000/- as directed by the D.V. Court to the O.P. No.2.

4. Learned counsel appearing on behalf of the O.P. No.2 on instruction submits that for the present he is not opposing the anticipatory bail application of the petitioner in view of the submission made by the learned counsel for the petitioner.

5. 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 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 trial court where the case is pending/successor court in connection with Complaint Case No.802/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.37418 of 2019(17) dt.21-03-2024 3/3

6. However, the O.P. No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event if the petitioner fails to comply with the undertaking given to this court.

7. It is further made clear that in the event if the order of the learned D.V. Court is set aside by any superior forum in that event the petitioner is not required to pay any amount. (Satyavrat Verma, J) amit/- U T