Pankaj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78848 of 2023 Arising Out of PS. Case No.-1364 Year-2018 Thana- NAWADAH COMPLAINT CASE District- Nawada ====================================================== Pankaj Kumar, son of Siya Sharan Shah R/o- Dhruva Apt. I.P Extension Behind Sudha Diary Flat No-128, Parparganj Lakshmipur New Delhi-110092. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Priyanka Verma, D/o- Ravindra Prasad Village- Hisuwa Kurmi Tola PsHisuwa Dist- Nawada At Present Mohalla- Linepar Mirzapur Ps DistNawada ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar- Advocate For the State :
Mr. Chandra Bhushan Prasad- A.P.P.
For the Complainant :
Ms. Shweta Anand- Advocate Mr. Ajit Anand- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-02-2025
1. Heard learned counsel for the petitioner, learned APP Sri Chandra Bhushan Prasad for the State and the learned counsel appearing on behalf of the opposite party no.2.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 323 and 498A of the Indian Penal Code and Sections 3 and 4 of the D. P. Act.
3. The learned counsel for the opposite party no.2, at the outset, draws the attention of the Court to order dated 06.08.2024 and submits that at Para-3, it was recorded:- "Learned counsel for the petitioner submits that the dispute in
Patna High Court CR. MISC. No.78848 of 2023(11) dt.25-02-2025 2/3 between the petitioner and the opposite party no.2 was settled at Rs.16 Lakhs, out of which, petitioner deposited an amount of Rs.8 Lakhs in the name of his daughter, but then, the rest amount of Rs.8 Lakhs could not be paid within the time stipulated in the compromise petition."
4. It is next submitted that thereafter, petitioner in compliance of the order dated 06.08.2024, deposited an amount of Rs.11 Lakhs in the name of the wife. It is also submitted that the parties have compromised the case and the cases filed against each other has been withdrawn except one i.e. HMA No.1939 of 2018, which was filed seeking maintenance pendente lite. It is next submitted that the opposite party no.2 has already filed an application seeking withdrawal of HMA No.1939 of 2018, which is pending adjudication before the learned Principal Judge, Karkardooma Family Court, East Delhi. It is further submitted that in the order dated 06.08.2024, it was also recorded at Para-6 that petitioner is aware of his responsibility towards his daughter, who presently is staying with the opposite party no.2 and it was submitted on behalf of the petitioner that petitioner will take all responsibilities of her studies and marriage.
5. The learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.78848 of 2023(11) dt.25-02-2025 3/3 petitioner submits that since the parties have compromised, no useful purpose would be served by keeping the anticipatory bail application pending.
6. 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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Nawada in connection with Complaint Case No.1364 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T