The High Court of Patna granted anticipatory bail to Umesh Pandit in case involving Section 498A IPC offences. The court directed his release on furnishing of bail bonds and sureties if he surrenders within six weeks.
Released on bail upon furnishing of bonds in Rs. 5,000 with two sureties if arrested or surrendering within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9119 of 2022
Arising Out of PS. Case No.-1181 Year-2020 Thana- VAISALI COMPLAINT CASE DistrictVaishali
======================================================
Umesh Pandit, Son Of Late Narayan Pandit Resident Of Village- Kerma, Post Turki, Police Station- Kurhani And District- Muzaffarpur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manish Kumar No.2- Advocate For the Opposite Party/s : Mr. Lakshmi Kant Sharma- A.P.P. Mr. Mahendra Thakur- Advocate Mr. Sanjay Kumar- Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
counsel for the informant and learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.
The learned counsel for the petitioner submits that the matter was referred for mediation, but the same failed. It is next submitted that the petitioner was married with the informant in the Year 2009 and out of the wedlock, two children were born and both the children are staying with the petitioner. It is further
Patna High Court CR. MISC. No.9119 of 2022(7) dt.22-06-2023 2/3
submitted that the informant never chose to appear in the mediation, which amply demonstrates that she was not interested in resuming her conjugal life.
The learned counsel for the petitioner further submits that he has instruction to make submission that petitioner is willing to pay monthly maintenance of Rs.3,000/- to the petitioner commencing from 01.07.2023 till the matter is finally adjudicated in trial or until the maintenance is not fixed by a Court of competent jurisdiction.
The learned counsel for the informant accepts the submission of the learned counsel for the petitioner with regard to maintenance based on instruction. The learned counsel for the informant further submits that he will whats-app the saving bank account number of the informant on the whats-app of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the said bank account number on the whats-app of the petitioner or by any mode.
Learned A.P.P. opposes the bail application.
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 Court below within a period of six weeks, is directed to be released on bail
Patna High Court CR. MISC. No.9119 of 2022(7) dt.22-06-2023 3/3
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 Miss Anjali Nag, learned Judicial Magistrate, 1st Class, Hajipur, Vaishali in connection with Complaint Case No.1181 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
2 issues framed by the court
Whether the petitioner is entitled to an anticipatory bail order subject to conditions.
Whether the conditions for anticipatory bail, including surrender within six weeks and furnishing of bail bonds, are satisfied.
1 provisions across 1 enactments
Umesh Pandit
The State of Bihar
Chanda Devi
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
