Rajnish Kumar @ Chunnu Lal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57033 of 2024 In CRIMINAL MISCELLANEOUS No.67448 of 2023 Arising Out of PS. Case No.-71 Year-2023 Thana- PARSA District- Saran ====================================================== Rajnish Kumar @ Chunnu Lal S/O Lakhi Singh R/O Village- Minapur, P.SGarkha, Dist.- Saran. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
NILU KUMARI WIFE OF RAJNISH KUMAR R/O VILLAGEMIRZAPUR BAZAR, PS- PARSA, DIST- SARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tejpratap Singh, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-01-2025 Learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State are present.
2. Learned counsel for the petitioner submits that vide order dated 17.10.2023 passed in Cr. Miscellaneous No. 67448 of 2023, provisional bail was granted to the petitioner to settle the matter with Opposite Party No. 2 as the petitioner was interested to settle the matter. Learned counsel further submits that the settlement could not take place as her wife was not inclined to settle the matter and time is going to be lapsed and therefore, he has filed the present application. Learned counsel further submits that the petitioner is very poor and the demand of Rs. 30 lakhs was made from the side of the Opposite Party No. 2 (wife) for full and final settlement, which is not possible for him. Therefore, he submits that a reasoned order may be
Patna High Court CR. MISC. No.57033 of 2024(7) dt.31-01-2025 2/2 passed.
3. Learned counsel for the petitioner himself offered to pay Rs. 4,000/- per month to Opposite Party No. 2.
4. Learned counsel for Opposite Party No. 2 though raised objection and submits that this amount is less.
5. Without entering into the merit and demerit of the case and in the facts and circumstances that maintenance case is also pending before the Trial Court, this Court is hereby confirmed the provisional bail of the petitioner, subject to continuation of his offer to make regular payment of Rs. 4,000/- per month to his wife.
6. It is directed that at the time of granting bail to the petitioner, the Opposite Party No. 2 shall provide the account number in which the money shall be transferred directly. If the petitioner fails to make regular payment, his bail bonds shall be cancelled.
7. Accordingly, present Cr. Misc. application is hereby allowed and order dated 17.10.2023 passed in Cr. Misc. No. 67448 of 2023 is hereby modified up to that extent. (Dr. Anshuman, J) Ranjeet/- U T