Manoranjan Sah @ Manoranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67658 of 2021 Arising Out of PS. Case No.-33 Year-2020 Thana- SANJHOLI District- Rohtas ====================================================== Manoranjan Sah @ Manoranjan Kumar S/O Doma Sah Resident Of VillageChaita Bahori, P.S.- Sanjhauli, District- Rohtas. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramashray Roy For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2022 Heard learned counsel for the petitioner, informant and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 337, 307, 506 of the Indian Penal Code.

The prosecution case as per F.I.R is that while the informant was talking on her roof, on asking by the petitioner being husband, some scuffle took place and petitioner caused head injury by means of stone. It is further alleged that her husband always threatened to kill her and stated that he would not keep her with him.

2/4 It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. The informant is wife of the petitioner and out of wedlock, there are two sons. The injuries have been found to be simple in nature.

Learned counsel appearing on behalf of the informant has submitted that petitioner is in habit of making assault to the informant, hence, out of fear of his life, she is not ready to live with the petitioner at present. The informant resides at her parental house along with her children and she is at the verge of starvation since petitioner is not maintaining her. In the alternative, the petitioner is ready to pay Rs. 4,000/- as interim maintenance to the informant before filing of the bail bonds.

The petitioner also undertakes to make payment of Rs. 4,000/- per month to the informant by depositing the same in her bank account by every month commencing from August, 2022.

3/4 The learned counsel appearing on behalf of the informant has accepted the offer of the petitioner and undertakes to provide bank account details of the informant to the petitioner as early as possible. Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Bikramganj at Rohtas in connection with Sanjhauli P.S. Case No. 33 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 4,000/- by the petitioner in the account of the informant.

The aforesaid payments will be subject to any

4/4 order passed in matrimonial or maintenance proceedings.

(Sunil Kumar Panwar, J) Shageer/- U T