Lalit Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47080 of 2023 Arising Out of PS. Case No.-1021 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== LALIT DAS Son of Chhani Das @ Gyani Das Resident of Village-Pounad Brahampur, P.S.-Kamtaul, District-Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GEETA DEVI Wife of Lalit Das, D/o Late Siyalal Mandal At Present resident of Village-Bari Souriya, P.S.-Boukhara, District-Sitamadhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Jha For the Opposite Party/s :

Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-02-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 494, 498A, 380, 406, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. In view of the office report dated 31.01.2024, it manifests that the notices have been validly served on O.P. No. 2.

4. The learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the present case. It is next submitted that O.P. No. 2 despite

Patna High Court CR. MISC. No.47080 of 2023(4) dt.20-02-2024 2/3 receiving notice chooses not to appear and contest.

5. The learned counsel next submits that petitioner always intended to keep the O.P. No. 2 with honour and dignity, but then the O.P. No. 2 for reasons best known, is not willing to restitute her conjugal life, as such, she has not appeared despite receiving notice. It is next submitted, based on instruction, that petitioner will pay a monthly maintenance of Rs. 3,000/- to the O.P. No. 2 which shall commence from 11.03.2024.

6. The learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

7. 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 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 C.R. Case No. 1021 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. However, it is made clear that O.P. No. 2 shall be at liberty to file an application seeking cancellation of the

Patna High Court CR. MISC. No.47080 of 2023(4) dt.20-02-2024 3/3 anticipatory bail granted to the petitioner, in the event if the petitioner, for two consecutive months, does not deposit the maintenance amount as agreed.

(Satyavrat Verma, J) Rishabh/- U T