ITEM NO.2 COURT NO.12 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.8947/2023
(Arising out of impugned final judgment and order dated 29-04-2023 in CRLM No. 60421/2022 passed by the High Court of Judicature at Patna)
BIKASH KUMAR Petitioner(s)
VERSUS
THE STATE OF BIHAR & ANR. Respondent(s)
Date : 18-01-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Shantanu Sagar, AOR

For Respondent(s) Mr. Devashish Bharuka, AOR
Ms. Sarvshree, Adv.
Ms. Swati Mishra, Adv.
Mr. Pravin Kumar Sharma, Adv.
Mr. Smarhar Singh, AOR

UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner seeks leave to assail the order dated 29.04.2023 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.60421 of 2022. As per the said order, the application for pre-arrest bail filed by the petitioner in connection Complaint Case No.750C/2019 registered for the offence punishable under Sections 498A and 323 of the Indian Penal Code, 1860 and Sections 3/4 of the Dowry Prohibition Act, 1961 was dismissed.

2. Heard the learned counsel appearing on both sides.

3. On 16.08.2023, this Court passed an order that no coercive steps shall be taken against the petitioner till the next date of listing and it has been extended from time to time. It is to be noted that default in payment of arrears of maintenance was the reason that constrained the learned Court of Session, Munger to reject the application for pre-arrest bail. The learned counsel appearing for the petitioner would submit that the entire payments have been made and the said submission is also endorsed by the learned counsel appearing for the respondent. In the said circumstances, the order of interim protection granted by this Court is made absolute, subject to the condition that the petitioner shall co-operate with the trial. Needless to stat that this would again be subject to the outcome of the trail.
4. The Special Leave Petition stands disposed of, as above.
5. Pending application(s), if any, shall stand disposed of.
(VIJAY KUMAR) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)