Ashutosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60905 of 2022 Arising Out of PS. Case No.-308 Year-2021 Thana- CHANDAUTI District- Gaya ====================================================== ASHUTOSH KUMAR Son of Rambali Yadav R/o Village - Tetariya, P.S.- Gurua, District - Gaya.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jhunni Kumari Daughter of Yugesh Yadav R/o Village - Kujap, P.S.- Chandauti, District - Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State and the learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506, 498A and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and present is the case under Section 498A read with other Sections of the IPC, it is next submitted that the petitioner is the husband of the Opposite Party.

The party jointly prayed that it appears that for the present it is not possible to live together.

Patna High Court CR. MISC. No.60905 of 2022(5) dt.22-05-2023 2/3 Learned counsel for the petitioner submits that he has instructions to make submission that the petitioner is willing to pay an amount of Rs. 7,000/- towards maintenance of the Opposite Party and the child to which the learned counsel for the informant, based on instruction, agrees.

Learned counsel for the petitioner submits that the maintenance of Rs. 7,000/- shall be paid to the informant in between 1 to 7 of every month commencing from June 2023 and the same shall be credited in the bank account of the informant, till maintenance amount is not fixed by a Court of competent jurisdiction.

Learned counsel for the informant submits that the bank account number of the informant shall be given to the petitioner through his learned counsel.

Learned counsel for the petitioner undertakes to communicate the bank account number of the informant so furnished by the learned lawyer on her behalf to the petitioner. Learned A.P.P. for the State fairly does not oppose the prayer for anticipatory bail of 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

Patna High Court CR. MISC. No.60905 of 2022(5) dt.22-05-2023 3/3 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 Chandauti P.S. Case No. 308 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, in the event if the maintenance as agreed is not paid to the informant for two consecutive months, the informant would be at liberty to seek cancellation of bail of the petitioner.

(Satyavrat Verma, J) HarshPandey/- U T