Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74183 of 2022 Arising Out of PS. Case No.-86 Year-2022 Thana- JANTA BAZAR District- Saran ====================================================== RAJU KUMAR Son of Pradosh Prasad R/v- Panditpur, P.S.- Janta Bazar, Dist- Saran Chapra ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SARITA DEVI Wife of Raj Kumar R/v- Panditpur, P.S.- Janta Bazar, DistSaran at Chapra Present address Sarita Devi W/o Raju Kumar D/o Raj Kumar Sah, Village- Jagdishpur, P.S.- Madhowrah, Dist- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sanjay Kumar, APP For the Informant :

Mr. Sanjay Kumar Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State along with learned counsel for the informant. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379, 498A of the Indian Penal Code and under Section 3 /4 of the Dowry Prohibition Act.

In compliance of the order dated 05.07.2023, the petitioner and the informant are physically present before this Court along with their respective counsels.

Learned counsel for the petitioner submits that the petitioner, being husband, has been falsely implicated in the present case, it is next submitted that the relationship between

Patna High Court CR. MISC. No.74183 of 2022(4) dt.12-07-2023 2/3 the petitioner and the informant has soured to an extent where it is not possible to continue with the conjugal relationship. It is further submitted that petitioner will contest the case, but is willing to pay a monthly maintenance of Rs. 5,000/- for the maintenance of the informant and the child as he works as an A.C. mechanic.

Learned counsel for the informant, on instruction, agrees with the submission of the learned counsel for the petitioner, further the informant is also not willing to restitute her conjugal rights.

Learned counsel for the informant submits that he will WhatsApp the bank account number of the informant on the WhatsApp number 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 as agreed commences from 28.07.2023.

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. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.74183 of 2022(4) dt.12-07-2023 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Janta Bazar P.S. Case No. 86 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, it is made clear that the informant would be at liberty to file an application seeking cancellation of the anticipatory bail of the petitioner in the event the petitioner does not pay the maintenance amount as agreed consecutively for two months.

(Satyavrat Verma, J) Rishabh/- U T