Smit Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55827 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- MAHILA P.S. District- Madhubani ====================================================== SMIT PRAKASH Son of Professor Late Dhanushdhari Singh R/V- Turkaha, P.S- Khajauli, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Kumari D/o Ram Naresh Singh R/V- Yogiya, PS- Ladaniya, DistMadhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Dr. Prabhakar Thakur, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP For the Informant :

Mr. Shailendra Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-08-2023

1. Heard learned Senior counsel for the petitioner and learned APP for the State along with learned counsel for the informant.

2. In compliance of the order dated 17.07.2023, the petitioner and the informant are present in the Court.

3. The petitioner, at the outset, submits that he is willing to resume his conjugal relationship and will keep the informant with honour and dignity and ensure her well being. It is also submitted that he is working as a Panchayat teacher in Upgraded Middle School, Bakhri in the district of Begusarai and is presently staying there. It is next submitted that petitioner from the Court premises itself will take the informant to his

Patna High Court CR. MISC. No.55827 of 2022(9) dt.01-08-2023 2/3 place of posting.

4. The informant, who is present, is also willing to accompany the petitioner, but submits that the petitioner presently is staying in the school with a teacher and she has rented a premise 2 kilometers away from the school on a monthly rental of Rs. 5,000/-. It is further submitted that landlord is one Subhash Chandra Verma.

5. The petitioner submits that presently he will take the informant from the Court premises to Begusarai and will start living in the rented premises which the informant has chosen, but since his earning is not much, as such he will try for another location with a cheaper rate.

6. Be that as it may, since petitioner and the informant are willing to accompany each other, as such, the Court feels persuaded to enlarge the petitioner on anticipatory bail.

7. Accordingly, 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 Madhubani Mahila

Patna High Court CR. MISC. No.55827 of 2022(9) dt.01-08-2023 3/3 P.S. Case No. 19 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T