Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53300 of 2024 Arising Out of PS. Case No.-66 Year-2021 Thana- NOKHA District- Rohtas ====================================================== Rupesh Kumar Son Of Late Ramanand Chaudhary Resident Of Village -NOKHA, Police Station- Nokha, District- Rohtas At Sasaram ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Sarita Bharti @ Anuj Kumari Wife Of Rupesh Kumar, D/O- Jagjevan Paswan R/V- Kaup, P.O.- Kaup, P.S.- Charpokhari, Distt.- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghunandan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

3. Petitioner, who is husband of opposite party no2 along with his mother tortured the opposite party no.2 because they wanted to solemnize the another marriage of the petitioner. It is further alleged that they assaulted the O.P. No.2 and also tried to kill her.

4. It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. There is no specific overt act against the

Patna High Court CR. MISC. No.53300 of 2024(4) dt.05-12-2024 2/3 petitioner. It is further submitted that petitioner has clean antecedent as mentioned para 3 of the bail petition.

5. In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty 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 with Nokha P.S. Case No. 66 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

6. Petitioner is ready to pay Rs.5,000/- (Rupees Five Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

7. It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

8. Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite

Patna High Court CR. MISC. No.53300 of 2024(4) dt.05-12-2024 3/3 party no.2 in the learned Court below.

9. If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

10. Accordingly, this application stands disposed of. (Anjani Kumar Sharan, J) annpurna/- U T