Mukesh Kumar Chaudhary @ Mukesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72488 of 2021 Arising Out of PS. Case No.-153 Year-2021 Thana- BARGAINIA District- Sitamarhi ====================================================== MUKESH KUMAR CHAUDHARY @ MUKESH CHAUDHARY Son of Late Jagarnath Chaudhary Resident of Village - Belganj, P.S.- Bairgania, Distt.- Sitamarhi, Present address- Khanal Chowk, Bharatpur Ward No.- 3, Narayangarh, Narayani Block, Distt.- Chitwan, Country - Nepal. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

GUNJA KUMARI W/o Mukesh Kumar Chaudhary Resident of Village - Belganj, P.S.- Bairgania, Distt.- Sitamarhi. At Present D/o Anand Chaudhary, Resident of Village - Dumarwana, Ward No. 06, P.S.- Bairgania, Distt.- Sitamarhi.

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

For the Petitioner/s :

Mr. Amit Kumar Jha For the Opposite Party/s :

Mr. Abhay Kumar Mr. Prabhakar Singh Mr. Rakesh Mohan Singh Mr. Mayank Mohan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-10-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. In compliance of the order dated 08.09.2022, the petitioner and the informant are present in person in the Court. Learned counsel for the petitioner, at the outset, submits that since the dispute between the parties has multiplied as such it is not possible for them to stay together. It is further submitted that the petitioner is willing to pay monthly maintenance of Rs. 7,000/- to the informant which will commence from the month of October, 2022 and the petitioner

Patna High Court CR. MISC. No.72488 of 2021(5) dt.11-10-2022 2/3 will keep paying the monthly maintenance to the informant by 15th of every month commencing from November, 2022 till the matter is not finally decided by a court of competent jurisdiction.

Learned counsel for the informant based on instruction submits that the informant accepts the offer given by the petitioner. It is further submitted that he will Whatsapp the account number of the informant to the learned counsel for the petitioner to which the learned counsel for the petitioner submits that he will immediately forward the account number to the petitioner and thereafter the payment shall commence. Considering the submissions made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned Court below 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 court below where the case is pending/successor court in connection with Bairgania P.S. Case No. 153 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

In the event, if the petitioner does not make payment

Patna High Court CR. MISC. No.72488 of 2021(5) dt.11-10-2022 3/3 for two consecutive months and an application on behalf of the informant is filed seeking cancellation of his bail bonds, the learned trial court shall forthwith cancel the bail bonds of the petitioner after giving him an opportunity of hearing. (Satyavrat Verma, J) Rishi/- U T