Patna High CourtCR. MISC./59497/2023bail granted

Dhananjay Kumar Singh @ Dhananjay Singh v. The State Of Bihar

2024-04-10Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59497 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- SISWAN District- Siwan ====================================================== DHANANJAY KUMAR SINGH @ DHANANJAY SINGH SON OF GANESH SINGH RESIDENT OF ARJANIPUR, P.O. - SISWAN KALA, P.S. - SISWAN (M.H. NAGAR), DISTRICT - SIWAN, PIN - 8412366 ... ... Petitioner/s

Versus

1. THE STATE OF BIHAR

2. Pushpa Devi, W/o Dhananjay Singh, R/o Village Arjanipur, P.S. M.H. Nagar, District Siwan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-04-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504, 506 and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that petitioner, being the husband, has been falsely implicated in the instant case. It is further submitted that petitioner presently is working as labourer in Turki. It is next submitted that presently the relationship in between the petitioner and the opposite party no. 2 has been strained but with passage of time definitely the

Patna High Court CR. MISC. No.59497 of 2023(7) dt.10-04-2024 2/3 relationship will improve. It is also submitted based on instruction that petitioner is willing to pay a monthly maintenance of Rs.9,000/- to the opposite party no. 2 and the two children.

4. Learned counsel appearing on behalf of the opposite party no. 2 submits that no useful purpose would be served by sending the petitioner to jail when petitioner is willing to pay monthly maintenance of Rs.9,000/- to the opposite party no. 2 and the two children who presently are staying with her. It is further submitted that the bank account number of the opposite party no. 2 will be Whatsapp on the Whatsapp number of the learned counsel appearing on behalf of 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 29.04.2024.

5. 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 Court below within a period of three months 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 court below where the case is

Patna High Court CR. MISC. No.59497 of 2023(7) dt.10-04-2024 3/3 pending/successor court in connection with G.R. No. 3075 of 2023 arising out of Siwaan (M.H. Nagar) P.S. Case No. 177 of 2023, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

6. However, the opposite party no. 2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if the first installment is not credited in the account of the opposite party no. 2 on or before 29.04.2024. However, the opposite party no. 2 shall also be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner if the petitioner does not pay the monthly maintenance as agreed for two consecutive months.

(Satyavrat Verma, J) Kundan/- U T