Allowed

Samarjeet Kumar @ Samarjeet Rai v. State Of Bihar and Anr.

Patna HC1 Apr 2013CR. MISC./4011/2013

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to a husband apprehending arrest under IPC 498A and Dowry Prohibition Act. The court conditioned the bail on the petitioner depositing Rs. 1,000 per month in the complainant's account, with liberty to cancel bail upon three consecutive payment defaults.

What did the court decide?

Petitioner granted anticipatory bail on furnishing Rs. 10,000 with sureties, conditioned on depositing Rs. 1,000/month in the complainant's bank account, with liberty to cancel bail on three consecuti

Samarjeet Kumar @ Samarjeet Rai Vs State Of Bihar and Anr. — Dowry and Cruelty | Patna HC (2013)

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Patna High Court Cr.Misc. No.4011 of 2013 (2) dt.01-04-2013

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.4011 of 2013

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====================================================== 1. Samarjeet Kumar @ Samarjeet Rai S/O Shri Ramesh Rai R/O Village Lal Pokhar Jagdishpur, P.O. Dighi Kala, P.S. Hajipur Sadar, District Vaishali. .... .... Petitioner/s Versus 1. The State Of Bihar. 2. Chandana Devi W/O Samarjeet Kumar @ Samarjeet Rai D/O Shri Munakka Rai R/O Village Desari, P.O. & P.S. Desari, District Vaishali. .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER

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2 01-04-2013 Heard learned counsel for the petitioner and the

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State.

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The petitioner being the husband of the complainant is apprehending his arrest in a case registered for offence punishable under Section 498(A) of the Indian Penal Code and section 4 of the Dowry Prohibition Act.

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Accusation is of torture to the complainant by the petitioner for non-fulfilment of dowry demand.

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It is submitted by the learned counsel for the petitioner that earlier the complainant and her mother filed two police cases in which police submitted final form. Thereafter, petitioner filed Matrimonial Case No. 208 of 2010 for divorce thereafter the present case has been filed.

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Patna High Court Cr.Misc. No.4011 of 2013 (2) dt.01-04-2013

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In the circumstances, reconciliation is not

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feasible at present, hence, petitioner is ready to pay Rs.1,000/- per month to the complainant from May, 2013 by depositing the same in the bank account of the complainant by second week of every month.

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Considering the stand of the petitioner, let petitioner named above be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Trial No. 3989 of 2012 arising out of Complaint Case No. 1850 of 2011 on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Hajipur, Vaishali, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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The petitioner will serve a copy of this order to the complainant within a period of three weeks when it is expected that the complainant will supply her bank account number to the petitioner by filing the same on affidavit before the learned court below.

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The aforesaid payment will be subject to any order being passed in matrimonial or maintenance

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Patna High Court Cr.Misc. No.4011 of 2013 (2) dt.01-04-2013

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proceeding.

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Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an application for cancellation of bail of the petitioner.

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(Dinesh Kumar Singh, J)

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sudip/-

Samarjeet Kumar @ Samarjeet Rai v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Samarjeet Kumar @ Samarjeet Rai v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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