The Patna High Court granted provisional anticipatory bail to the petitioner, a husband accused of cruelty and bigamy, pending the resolution of a maintenance enhancement claim.
Granted provisional anticipatory bail for 12 weeks with a bond of Rs. 10,000 and two sureties of equal amount.
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.23313 of 2012
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Mahesh Uraon
.... .... Petitioner/s
Versus
The State Of Bihar
.... .... Opposite Party/s
======================================================
CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR
SINGH
ORAL ORDER 4 17-01-2013 Petitioner being husband of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken under Sections 323, 498A, 494 of the I.P.C. Accusations are of torture and performing second marriage.
It is submitted by learned counsel for the petitioner that considering the entire gamut of the things, learned Court below passed order in Maintenance Case No. 9 of 2005 which was disposed of on 03.04.2008, whereby petitioner was directed to pay Rs. 600/- per month to the complainant and he is paying regularly.
Learned counsel for the complainant confines his argument that since petitioner has a daughter also who is unmarried. However, petitioner is ready to bear the expenses
Patna High Court Cr.Misc. No.23313 of 2012 (4) dt.17-01-2013
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for the marriage of the daughter.
In the circumstance, it is prayed that maintenance amount may be suitably enhanced. The contention of the complainant is acceptable to the petitioner.
Considering the aforesaid stand of the parties, let the petitioner namely Mahesh Uraon, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha in connection with Complaint Case No. 22 of 2009.
The provisional bail of the petitioner will be confirmed by learned Court below when both the petitioner and the complainant will appear in the maintenance proceeding and learned Court below will decide the issue of enhancement of the maintenance amount.
(Dinesh Kumar Singh, J)
Shageer/-
2 issues framed by the court
Whether the petitioner is entitled to provisional anticipatory bail pending the determination of maintenance enhancement?
What are the conditions for the grant of provisional anticipatory bail?
2 provisions across 2 enactments
Mahesh Uraon
The State Of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
