Allowed

Santosh Kumar v. the State of Bihar

Patna HC22 Sept 2022CR. MISC./6142/2022

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner, directing release upon furnishing bonds, contingent on his willingness to pay/monthly maintenance to the respondent and child pending a separate Family Court proceeding. Bail is subject to cancellation if maintenance is not paid for two consecutive months.

What did the court decide?

Petitioner to be released on bail with conditions requiring payment of maintenance pending Family Court decision; bail to be cancelled if maintenance not paid for two consecutive months.

Santosh Kumar Vs the State of Bihar — Maintenance and Alimony | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6142 of 2022

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Arising Out of PS. Case No.-180 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran

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Santosh Kumar, Son Of Ram Ekbal Mahto R/O Village- Bahadurpur, P.S.Kundwa Chainpur, Dist.- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Anchala Kumari Wife Of Santosh Kumar, D/O Rameshwar Mahto At Present R/O Village- Purnahiya, P.S.- Ghorasahan, Dist.- East Champaran

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Madhurendra Kumar For the Opposite Party/s : Mr. Rana Randhir Singh Mr. Abhishek Kumar Ms. Rashmi Jha Mr. Sharad Kumar Verma

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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4 22-09-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

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The learned counsel for the petitioner submits that the petitioner and the informant are present in the Court in compliance of the order dated 08.09.2022 along with their respective learned counsels.

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The petitioner, who is present personally, submits that he is willing to pay monthly maintenance of Rs.7,000/- to the informant and Rs.3,000/- as monthly maintenance for the child Aman Kumar.

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The informant, who is present in the Court, submits

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Patna High Court CR. MISC. No.6142 of 2022(4) dt.22-09-2022 2/3

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that the maintenance amount which the petitioner will pay to her and the child will be subject to the outcome of the maintenance case which she has already been preferred before the learned Family Court, Motihari, East Champaran.

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The learned counsel for the petitioner at this stage submits that the informant be asked to provide her account number on the whatsapp number of the petitioner to which, the learned counsel for the informant and the informant submits that today only they will be providing the account number on the whatsapp of the petitioner.

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The learned counsel for the petitioner on instruction submits that petitioner will start paying the monthly maintenance from 01.10.2022 till the maintenance case as aforesaid is not decided by the learned Family Court.

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In view of 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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kundwa Chainpur P. S. Case

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Patna High Court CR. MISC. No.6142 of 2022(4) dt.22-09-2022 3/3

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No.180 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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However, in the event, if an application is filed by the informant before the learned trial Court with documentary evidence on record that the petitioner consecutively for two months has not paid the maintenance amount, the learned trial Court shall forthwith cancel his bail bonds and will take all coercive steps to ensure that the petitioner is behind the bars.

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(Satyavrat Verma, J)

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vikash/-

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U T

Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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