Prabhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60876 of 2022 Arising Out of PS. Case No.-34 Year-2022 Thana- MAHILA P.S District- Supaul ====================================================== PRABHASH KUMAR Son of Madan Paswan Resident of Village- Tulapatti Ward No.-4, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP For the Informant :

Mr. Pramod Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 394, 341, 323, 506 and 34 of the Indian Penal Code and under Sections 3 /4 of the Dowry Prohibition Act.

Learned counsel for the petitioner submits that the relationship between the petitioner and the informant has soured to an extent that it is not possible for the petitioner to revive the conjugal relationship, but the petitioner is ready and willing to pay a monthly maintenance of Rs. 3,000/- to the informant for her maintenance. It is next submitted that though the marriage is about five years old, but then out of the wedlock no child was

Patna High Court CR. MISC. No.60876 of 2022(6) dt.07-08-2023 2/3 born.

Learned counsel for the informant does not dispute the submission made by the learned counsel for the petitioner and submits that he will Whatsapp the bank account number of the informant on the Whatsapp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the amount, as agreed, starts getting credited from 16.08.2023. 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 Supaul Mahila P.S. Case No. 34 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the informant would be at liberty to file an application seeking cancellation of the anticipatory bail order of the petitioner, in the event if the petitioner does not credit the amount, as agreed, in the bank account of the informant for two

Patna High Court CR. MISC. No.60876 of 2022(6) dt.07-08-2023 3/3 consecutive months.

The personal appearance of the petitioner is dispensed with.

The learned counsel for the informant submits that for some very personal reason, the informant could not come to the Court despite order dated 17.07.2023.

(Satyavrat Verma, J) Rishabh/- U T