Uday Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66944 of 2021 Arising Out of PS. Case No.-286 Year-2019 Thana- LAKHNAUR District- Madhubani ====================================================== UDAY KUMAR Son of Late Jogdhar Yadav Resident of Village - Sundar Birajit, P.S.- Madhepur, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Bebi Kumari Wife of Uday Kumar Resident of Village - Behat South Purni Phokhar Navtol Gumti, P.S.- Lakhnour, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin For the Informant/s :

Mr. Udeshya Kumar Yadav Mr. Ravi Prakash Ms. Supriya Rani Mr. Vinod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-10-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 341, 323, 498(A), 494 and 504 of the Indian Penal Code. The petitioner and the informant, in compliance of the order dated 14.09.2022 are physically present in the Court. Without going into the merits of the case, the petitioner who is physically present submits that since the dispute has arisen and has multiplied, as such for the present it

Patna High Court CR. MISC. No.66944 of 2021(4) dt.12-10-2022 2/3 seems it is not possible to stay together but then he is ready to maintain the informant and his daughter who is presently staying with the informant.

The petitioner submits that he is willing to pay a monthly maintenance amount of Rs. 20,000/- per month to the informant and the payment of the maintenance amount will commence from the month of October and thereafter by 15th of every month the said amount will be credited in the account of the informant.

The informant who is also present in the Court accepts the offer given by the petitioner. The informant will Whatsapp her account number to the learned lawyer representing her and the learned lawyer will immediately Whatsapp the said bank account number to the learned counsel representing the petitioner and the learned counsel representing the petitioner will immediately forward the said account number to the petitioner.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees

Patna High Court CR. MISC. No.66944 of 2021(4) dt.12-10-2022 3/3 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 Lakhnour (R.S.O.P.) P.S. Case No. 286 of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

In the event, if the petitioner fails to pay the maintenance amount consecutively for two months and an application on behalf of the informant is filed seeking cancellation of the bail bonds of the petitioner, the learned trial court shall immediately cancel the bail bonds after recording reasons.

At this stage, the learned senior counsel for the petitioner submits that, in the event, if the informant files a maintenance case before the Court of Competent Jurisdiction then in that event, the maintenance will abide by the amount decided by the learned Court of Competent Jurisdiction, to which the learned counsel for the informant agrees. (Satyavrat Verma, J) Shivam/- U T