Nandji Kumhar @ Nanj Ji Kumhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71405 of 2023 Arising Out of PS. Case No.-69 Year-2020 Thana- SIMRI District- Buxar ====================================================== Nandji Kumhar @ Nanj Ji Kumhar S/O Birodhi Kumhar R/O VillageChhotaka Rajpur, P.S- Simri (T.R.H.O.P.), Distt.- Buxar. ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Sanju Devi W/O Nandji Kumhar @ Nanj Ji Kumhar And D/O Shiv Kumar Kumhar R/O Village- Karuaj, P.S- Koran Sarai, Distt.- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyapal Singh For the Opposite Party/s :

Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel appearing on behalf of the O.P. No.2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 498(A) and 34 of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

3. The learned counsel for the petitioner at the outset submits that the police after investigation has submitted charge sheet against the petitioner. It is further submitted that presently the chances are bleak that any rapprochement in between the petitioner and the O.P. No.2 shall take place but with passage of

Patna High Court CR. MISC. No.71405 of 2023(4) dt.22-04-2024 2/3 time, the parties may reconcile their dispute. It is further submitted that no useful purpose would be served by sending the petitioner to jail as the petitioner is willing to pay a monthly maintenance of Rs.4000/- to the O.P. No.2, which shall commences from 01.05.2024. It is next submitted that petitioner is a labourer.

4. The learned counsel appearing on behalf of the O.P. No.2 also submits that no useful purpose would be served by sending the petitioner to jail as he is willing to maintain the O.P. No.2.

5. Considering the submissions made by 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 trial court where the case is pending/successor court in connection with Simri (T.R.H. O.P.) P.S. Case No.69/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

6. However, O.P. No.2 shall be at liberty to file an application before this court seeking cancellation of anticipatory

Patna High Court CR. MISC. No.71405 of 2023(4) dt.22-04-2024 3/3 bail granted to the petitioner in the event if the petitioner does not deposit the amount of maintenance as agreed for two consecutive months.

(Satyavrat Verma, J) amit/- U T