Patna High CourtCR. MISC./85850/2023bail granted

Nitish Kumar v. The State Of Bihar

2024-07-29Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85850 of 2023 Arising Out of PS. Case No.-1213 Year-2021 Thana- COMPLAINT CASE District- Jamui ====================================================== NITISH KUMAR S/O PARMANAND THAKUR R/O VILLAGE- BUKAR (NAWKADIH), P.S AND DISTT.- JAMUI.

... ... Petitioner/s

Versus

The State of Bihar 2.

HEMA DEVI W/O NITISH KUMAR, D/O SATYENDRA THAKUR R/O VILLAGE- BALDA, P.S- SIKANDAR, DISTT.- JAMUI. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-07-2024

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 498A of the Indian Penal Code & Sections 3⁄4 D.P. Act.

3. The petitioner and the O.P. No.2, in compliance of the order dated 01.07.2024 are present in the Court along with their respective learned counsel.

3. The petitioner submits that the relationship in between him and the O.P. No.2 has deteriorated to an extent where it is not possible to revive the conjugal relationship. He

Patna High Court CR. MISC. No.85850 of 2023(5) dt.29-07-2024 2/3 next submits that he is willing to pay a monthly maintenance of Rs.5000/- to the O.P. No.2 and the child, which shall commence from 05.8.2024.

5. The O.P. No.2, who is also present in the Court submits that no useful purpose would be served by sending the petitioner to jail when petitioner is willing to pay a monthly maintenance of Rs.5000/-.

6. The learned counsel appearing on behalf of the O.P. No.2 submits that the bank account number of the O.P No.2 shall be whatsapped on the whats app number of the learned counsel appearing on behalf of the petitioner. The learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that, the monthly maintenance, as agreed commences from 05.08.2024.

6. Considering the submissions made by the learned counsels 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 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 Complaint Case

Patna High Court CR. MISC. No.85850 of 2023(5) dt.29-07-2024 3/3 No.1213© of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the O.P No.2 shall be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner, in the event, if the petitioner does not deposit the amount of maintenance, as agreed, for two consecutive months.

8. It is also made clear that in the event if maintenance is decided by a court of competent jurisdiction, the present maintenance shall stop.

(Satyavrat Verma, J) amit/- U T