Nitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67055 of 2022 Arising Out of PS. Case No.-1378 Year-2019 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== NITESH KUMAR Son of Pramod Kumar Gupta Resident of Ahirani Tola, Bagaha-1, P.S- Bagaha, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Puja Bharti Wife of Nitesh Kumar and daughter of Pradeep Kumar Prasad Resident of Lauriya, Thana Road, Khalsa Readymade, P.S- Lauriya, DistWest Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State along with the learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 504, 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the marriage is ten years old and out of the wedlock, no child was born which has led to dispute, it is next submitted that it does not appear possible that the petitioner would be able to resume his conjugal relationship but the petitioner is willing to pay a monthly maintenance of Rs. 5,000/- to the informant commencing from 01.07.2023.

Learned counsel for the informant also agrees to the submission made by the learned counsel for the petitioner based on

Patna High Court CR. MISC. No.67055 of 2022(5) dt.22-06-2023 2/2 instructions.

Learned counsel for the informant submits that he will provide the bank account number of the informant to the learned counsel for the petitioner on his Whatsapp and the learned counsel for the petitioner undertakes that he will furnish the bank account number of the informant to the petitioner by any mode including Whatsapp.

Learned A.P.P. for the State opposes 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 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 West Champaran Complaint P.S. Case No. 1378(C) of 2019 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T