Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65855 of 2019 Arising Out of PS. Case No.-917 Year-2017 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== SUNIL KUMAR Son of Sri Bhagwan Ray Resident of Village - Lalganj kaduri, P.S.- Dumraon, Dist.- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ruby Kumari D/O Late Habaldar Rai Resident of Village- Lalganj Karabi, Police Station- Dumraon, District- Buxar.

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

For the Petitioner/s :

Mr. Manoj Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, A.P.P.

For the Informant :

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A) and 494 of the Indian Penal Code.

Learned A.P.P. submits that yesterday the matter was taken out of turn when the District Education Officer, Buxar and Treasury Officer, Buxar were present in the Court and the District Education Officer submitted that the petitioner has not provided the copy of the order passed by the learned Trial Court by which maintenance amount was

Patna High Court CR. MISC. No.65855 of 2019(13) dt.11-07-2023 2/3 fixed to be paid to the informant after deducting the same from his salary.

The learned counsel for the petitioner submits that the petitioner undertakes that he will abide by the order of the learned Trial Court and shall ensure that the maintenance amount as fixed is received by the informant in time and on monthly basis. It is also submitted that the arrears which has accrued shall also be paid but in installments.

The learned counsel for the informant does not dispute the submission of the learned counsel for 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 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. 917(C) of 2017 subject to the

Patna High Court CR. MISC. No.65855 of 2019(13) dt.11-07-2023 3/3 conditions as laid down under Section 438 (2) of the Cr.P.C. However, it is made clear that in the event if for two consecutive months for any reason the amount is not credited in the account of the informant, the informant shall be at liberty to file an application seeking cancellation of the present anticipatory bail order of the petitioner. (Satyavrat Verma, J) GauravSinha/- U T