Rajesh Kumar Thakur @ Rajesh Thakur @ Babloo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44751 of 2023 Arising Out of PS. Case No.-117 Year-2018 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== RAJESH KUMAR THAKUR @ RAJESH THAKUR @ BABLOO son of Radhe Shyam Thakur Village- Karahuaghat Ps- Sharaghat Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bandana Priya wife of Rajesh Thakur Village- Karahuaghat Ps- Sharaghat Dist- Madhubani P/A- Mohanpur Ps- Sighwara Dist- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priya Gupta, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP Mr. Manish Kumar No.2, Advocate Mr. Gajendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-02-2024

1. Heard learned counsel for the petitioner, learned APP for the State along with learned counsel for the O.P. No.2.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323, 498A/34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. The learned counsel for the petitioner at the outset submits that the dispute is trivial and the O.P. No.2 does not want to stay at her matrimonial home with the parents of the petitioner. It is further submitted that it is not possible for the petitioner to keep the O.P. No.2 at his place of posting. It is next submitted that petitioner to establish his bonafide is willing to

Patna High Court CR. MISC. No.44751 of 2023(3) dt.28-02-2024 2/3 pay a monthly maintenance of Rs.6000/- to the O.P. No.2 which shall commence from 11.03.2024.

4. The learned counsel appearing on behalf of the O.P. No.2 based on instruction submits that he has instruction not to oppose the anticipatory bail application for the present as petitioner is ready to pay a monthly maintenance of Rs.6000/-.

5. The learned for the O.P. No.2 further 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 11.03.2024.

6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No.117 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.44751 of 2023(3) dt.28-02-2024 3/3

7. However, it is made clear that 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.

8. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T