Deoraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67839 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== DEORAJ KUMAR Son of Shri Sanjay Kumar Resident of Village - Jamalpur, P.S.- Gaurichak, Distt.- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Archana Kumari Wife of Deoraj Kumar Daughter of Sri Manik Chand Das, Resident of Mohalla - Gulab Bagh, Naya Tola, P.S.- Barh, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State alongwith learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 498A, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner being husband has been falsely implicated in the present case. It is next submitted that the matter was referred for mediation but the same failed as the informant after one appearance never appeared before the mediator, it is further submitted that based on instruction that petitioner still is willing to maintain the informant for which he will pay a maintenance

Patna High Court CR. MISC. No.67839 of 2022(8) dt.27-06-2023 2/3 amount of Rs. 5000/- per month in her bank account. The learned counsel for the informant based on instruction agrees to the submission made by the learned counsel for the petitioner and submits that he will message the bank account No. of the informant on the WhatsApp No. 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 maintenance amount as agreed commences from 10th July 2023.

The learned counsel for the petitioner next submits that the payment of the maintenance amount shall be made till the matter is finally adjudicated in the trial or a court of competent jurisdiction fixes the maintenance. 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

Patna High Court CR. MISC. No.67839 of 2022(8) dt.27-06-2023 3/3 pending/successor court in connection with Complaint Case No. 167 of 2021 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 bail of the petitioner in the event petitioner for two consecutive months does not deposit the amount as agreed, in her account.

(Satyavrat Verma, J) Adnan/- U T