Court granted anticipatory bail to petitioner husband in a dowry harassment case conditioned on monthly payments to wife and liberty to cancel bail after three defaults.
Petitioner released on bail with condition to pay Rs.1500 monthly; bail cancellable after three consecutive defaults in payment.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.583 of 2012 ====================================================== Md. Shahid Iquebal .... .... Petitioner. Versus The State Of Bihar & Anr. .... .... Opposite Parties. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 06-08-2012 Heard learned counsels for the petitioner, informant and the State. The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498(A) of the Indian Penal Code and ¾ of the Dowry Prohibition Act. The accusation is of torture for nonfulfillment of dowry demand.
The marriage was performed in 2007 when the
petitioner filed divorce case on 10.06.2010 being
Matrimonial Case No. 137 of 2010 when the present
case was lodged on 12.09.2010.
At present, reconciliation appears to be not
feasible.
In the circumstances, the petitioner is
ready to pay Rs. 1500/- per month to the informant
from September,2012 by depositing the same in the
Patna High Court Cr.Misc. No.583 of 2012 (5) dt.06-08-2012
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bank account of the informant by second week of
every month. The aforesaid offer is acceptable to
the informant at present and is ready to supply her
bank account number within two weeks by filing the
same on affidavit before the learned court below.
Considering the aforesaid stand of the
parties and the fact that matrimonial case was filed
at earlier point of time by the petitioner, let the
petitioner, above named, be released on bail in the
event of arrest or surrender before the learned
court below within a period of twelve weeks from
today in connection with Kotwali P.S. Case No. 471
of 2010 on furnishing bail bond of Rs.10,000/-(Ten
Thousand) with two sureties of the like amount each
to the satisfaction of the learned C.J.M. Munger,
subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure.
The aforesaid payment will be subject to any
order being passed in matrimonial or maintenance
proceedings.
Three consecutive defaults in making payment
will give liberty to the informant to file an
application for cancellation of bail of petitioner.
U.K./-
(Dinesh Kumar Singh, J)
3 issues framed by the court
Whether the petitioner husband should be granted anticipatory bail in a case alleging dowry harassment and torture.
What conditions regarding monthly payments to the informant must be imposed for the grant of bail.
What are the consequences of default in meeting the agreed payment terms.
2 provisions across 2 enactments
Md. Shahid Iquebal
The State Of Bihar & Anr.
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court