Santosh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44003 of 2022 Arising Out of PS. Case No.-834 Year-2019 Thana- MADHUBANI COMPLAINT CASE District- Madhubani ====================================================== SANTOSH KUMAR YADAV Son of Prayag Yadav Resident of Village - Hanuman Nagar Bhour, P.S.- Pandaul, District - madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Mala Devi Wife of Santosh Kumar Yadav Resident of Village - Hanuman Nagar Bhour, P.S.- Pandaul, District - madhubani, At present Daughter of Shambhu Yadav, Resident of Village - Mangarpatti, P.S.- Rajnagar, District - Madhubani.

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. A.G., A.P.P.

Mr. Munish Kumar, Advocate Mr. Pankaj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A and 504 of the Indian Penal Code & 3 /4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that petitioner is the husband, it is next submitted that without going into the merits of the case, he has instruction to submit that he is willing to pay monthly maintenance of Rs. 6,000/- to the

Patna High Court CR. MISC. No.44003 of 2022(2) dt.12-12-2022 2/3 informant for maintaining herself and the child, it is next submitted that informant is an Aanganwadi Sevika and is also earning.

Learned counsel for the informant also based on instruction submits that the informant accepts the offer of the petitioner.

Learned counsel for the informant further submits that he will whatsapp the account no. of the informant to the learned counsel for the petitioner and the learned counsel for the petitioner submits that he in turn will whatsapp the said account no. to the petitioner so that the maintenance starts from December, 2022 until the maintenance is not fixed by a Court of competent jurisdiction.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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

Patna High Court CR. MISC. No.44003 of 2022(2) dt.12-12-2022 3/3 in connection with Complaint Case No. 834 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. Further, in the event, if the informant of the case files an application before the learned Trial Court bringing to its notice that the petitioner has not paid the maintenance amount consecutively for two months then the learned Trial Court after giving an opportunity of hearing to the petitioner shall pass orders in accordance with law shall be entitled to cancel his bail bonds and to ensure that all coercive steps are taken to put him behind bars.

(Satyavrat Verma, J) Rishabh/- U T