Patna High CourtCR. MISC./57021/2023bail granted

Ganour Kumar Singh @ Ganour Kr. Singh @ Ganaur Kumar Singh v. The State Of Bihar

2024-04-30Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57021 of 2023 Arising Out of PS. Case No.-1845 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== GANOUR KUMAR SINGH @ GANOUR KR. SINGH @ GANAUR KUMAR SINGH S/O NAGENDRA SINGH RESIDENT OF VILLAGE - KILA TOLA, WARD NO. 15, P.S. - JALALGARH ... ... Petitioner/s

Versus

The State of Bihar 2.

PINKU DEVI W/O GANOUR KUMAR SINGH @ GANOUR KR. SINGH @ GANAUR KUMAR SINGH, D/O VISHWANATH SINGH R/O VILLAGE - DHIM NAGAR KHERIA, P.S. - KORHA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP Mr. Harish Chandra Patel, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-04-2024

1. Heard learned counsel for the petitioner, learned APP for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The learned counsel for the parties jointly submitted that the case was referred for mediation, but then the mediation proceeding failed.

3. The learned counsel for the petitioner submits that the relationship in between petitioner and the O.P. No.2 has deteriorated to an extent where it is not possible to revive the conjugal relationship presently, but then with passage of time the parties may reconcile. It is also submitted that no useful purpose would be served by sending the petitioner to jail as

Patna High Court CR. MISC. No.57021 of 2023(4) dt.30-04-2024 2/3 future prospect of reconciliation will also become bleak, it is further submitted that petitioner is willing to pay a monthly maintenance of Rs.5000/- to the O.P. No.2 and the children.

4. The learned counsel appearing on behalf fo the O.P. No.2 submits that since petitioner is willing to pay a monthly maintenance of Rs.5000/-, as based on instruction he is not opposing the anticipatory bail application of the petitioner. It is also submitted that bank account number of the O.P. No.2 shall be whatsapped on the whatsapp number of the learned counsel for 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 13.05.2024.

5. 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 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.5000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Complaint Case No.1845 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.57021 of 2023(4) dt.30-04-2024 3/3

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

(Satyavrat Verma, J) Prakash Narayan U T