Allowed

Lalbabu Rai v. State Of Bihar and Anr.

Patna HC19 Aug 2015CR. MISC./37870/2015

Case brief

AI extract

What is this about?

This order grants anticipatory bail to a husband facing allegations of torture and dowry demands. The court permits release upon furnishing a bond, depositing upfront, and agreeing to pay monthly maintenance to the wife, subject to future court orders.

What did the court decide?

Petitioner released on anticipatory bail subject to payment of Rs. 2,000/month to the informant's bank account, furnishing a bail bond of Rs. 10,000 with two sureties, and serving a copy of the order

Lalbabu Rai Vs State Of Bihar and Anr. — Domestic Violence | Patna HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37870 of 2015

¶2

Arising Out of PS.Case No. -104 Year- 2015 Thana -BAJPATTI District- SITAMARHI ====================================================== Lalbabu Rai .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Bharat Lal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 19-08-2015 Heard learned counsels for the petitioner and the State.

¶3

The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 323, 379 and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

¶4

The basic accusation is of torture for non-fulfillment of the dowry demand. The marriage between the petitioner and informant is admitted fact.

¶5

It is submitted by learned counsel for the petitioner that the petitioner filed Matrimonial suit no. 25 of 2015/75 of 2015 for dissolution of marriage on 05.06.2015 and thereafter the present FIR was lodged on 11.06.2015.

¶6

In the circumstances, the petitioner is ready to pay

¶7

Patna High Court Cr.Misc. No.37870 of 2015 (2) dt.19-08-2015

¶8

2/3

¶9

` 2,000/- per month to the informant from October, 2015 by depositing the same in the bank account of the informant by second week of every month.

¶10

Considering the nature of accusation, filing of matrimonial suit at earlier point of time and present stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Bajpatti P.S. Case No. 104 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

¶11

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

¶12

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

¶13

Three consecutive defaults in making payment by the petitioner will give liberty to the informant to file an

¶14

Patna High Court Cr.Misc. No.37870 of 2015 (2) dt.19-08-2015

¶15

3/3

¶16

application for cancellation of bail of the petitioner.

¶17

Amrendra/-
U T

¶18

(Dinesh Kumar Singh, J)

Lalbabu Rai v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

Lalbabu Rai v. State Of Bihar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Banarsi Devi Vs The State Of Bihar

Durgadutta Tiwari @ Durganand Tiwari Vs The State Of Bihar

Ashok Paswan Vs State Of Bihar and Anr.

Chandmuni Singh @ Chardramani Singh @ Chandramuni Singh Vs The State Of Bihar

Shanichar Sah and Ors. Vs The State Of Bihar

Ram Naresh Rai @ Naresh Rai Vs State Of Bihar and Anr.