Patna High CourtCR. MISC./53564/2024bail granted

Vishal Kumar @ Vishal v. The State Of Bihar

2024-08-14Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53564 of 2024 Arising Out of PS. Case No.-1882 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali ====================================================== Vishal Kumar @ Vishal S/o Anil Singh @ Anil Kumar Singh R/o vill - Pokhra Jalalpur Market, P.S. - Kopa, Distt. - Saran ... ... Petitioner/s

Versus

The State of Bihar 2.

Moni Kumari W/o Vishal Kumar @ Vishal, D/o Late Awdhesh Singh R/o vill - Pokhra Market, P.S. - Kopa, Distt. - Saran and Presently R/o vill - Singhra Buzurg, P.S. - Mahua, Distt. - Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravish Mishra, Advocate For the Opposite Party/s :

Ms.Sucheta Yadav, APP Ms. Rina Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-08-2024 Heard learned counsel for the petitioner, learned APP and the learned counsel appearing on behalf of the complainant.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323 and 498(A) of the IPC in connection with Complaint Case No.1882 of 2022.

3. The learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the instant case by the complainant. It is also submitted that relationship in between petitioner and the complainant had soured to an extent where it is not possible to revive the conjugal relationship and petitioner has also filed divorce case.

Patna High Court CR. MISC. No.53564 of 2024(2) dt.14-08-2024 2/3

4. It is next submitted that petitioner is aware of his responsibilities towards the complainant who till now is his wife, as such based on instruction submits that petitioner is willing to pay a monthly maintenance of Rs.5000/- to the O.P. No.2 which shall commence from 02.09.2024.

5. The learned counsel appearing on behalf of the O.P. No.2 also submits that since petitioner is willing to pay a monthly maintenance of Rs.5000/-, as such no useful purpose would be served by sending the petitioner to jail.

6. It is next submitted that the bank account number of the O.P. No.2 shall be whatsapped on the whatsapp number of the learned counsel appearing on behalf of 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 02.09.2024.

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 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.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at

Patna High Court CR. MISC. No.53564 of 2024(2) dt.14-08-2024 3/3 Hajipur in connection with Complaint Case No.1882 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

8. However, it is made clear that the O.P. No.2 shall be at liberty to file an application before this Court seeking cancellation of the anticipatory bail of the petitioner, in the event if the petitioner does not pay the monthly maintenance as agreed for two consecutive months.

9. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T