Dhruvesh Thakur @ Dhurvesh Kumar @ Dhruvesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59599 of 2023 Arising Out of PS. Case No.-676 Year-2022 Thana- MUZFFARPUR COMPLAINT CASE District- Muzaffarpur ====================================================== DHRUVESH THAKUR @ DHURVESH KUMAR @ DHRUVESH KUMAR son of Parmeshwar Thakur Village- Sahila Rampur Ps- Hathori Dist- Muzaffarpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Komal Kumari wife of Dhurvesh Thakur,D/o- Arun Thakur VillageIbrahimpur Berua Ps- Gaighat Dist- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manjeet Kumar Mishra For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-04-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the OP No. 2.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section 4 of the D.P. Act. 3.

Learned counsels for the parties jointly submit that the case was referred for mediation, but then the mediation failed.

4.

Learned counsel for the petitioner submits that the relationship in between the petitioner and the OP No. 2 has soured to an extent where it is not possible for the present to

Patna High Court CR. MISC. No.59599 of 2023(5) dt.08-04-2024 2/3 revive the conjugal relationship but then petitioner is willing to pay monthly maintenance of Rs. 4,000/- (four thousand) to the OP No. 2. It is next submitted that petitioner works in a jewellery shop.

5.

Learned counsel appearing on behalf of OP No. 2 fairly submits that no useful purpose would be served by sending the petitioner to jail, when he is willing to pay a monthly maintenance of Rs. 4,000/- to the OP No. 2. 6.

It is also submitted that with passage of time the wounds may heal; and the petitioner and the OP No. 2 may again come back together.

7.

The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner and learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance commences from 22-4-2024.

8.

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.59599 of 2023(5) dt.08-04-2024 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 Complaint Case No. 676 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

9.

However, it is made clear that OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months. (Satyavrat Verma, J) SUMIT/- U T