The Patna High Court granted anticipatory bail to a husband registered under Section 498A IPC. The court imposed a condition requiring the petitioner to pay Rs. 4,000 monthly to the wife until August 2015 as a means for reconciliation.
Petitioner released on anticipatory bail subject to payment of Rs.4,000 monthly and other conditions.
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.47807 of 2014
Arising Out of PS.Case No. -26 Year- 2014 Thana -MAHILA PS District- JEHANABAD ====================================================== Rajeev Ranjan Kumar Son of Shri Birendra Prasad Singh Resident of Mirzapur, P.S.- Nawada, District- Nawada .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Agrawal For the Opposite Party/s : Mr. Binod Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05/ 14-07-2015 Heard learned counsels for the petitioner 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 498A/34 the Indian Penal Code. The basic accusation is of torture. The marriage between the petitioner and the informant having no issue is admitted fact. The petitioner and the informant are present.
It is submitted by learned counsel for the petitioner that the marriage has never been consummated as the informant is suffering from gynaecological problems. The
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petitioner filed Matrimonial Suit No. 89 of 2014 on 23.04.2014 for divorce and thereafter on 13.05.2014 the present FIR was lodged.
It is submitted by learned counsel for the informant that the accusation levelled by the petitioner is absolutely false and the informant is still ready to resume the conjugal life.
Considering the inconsistent stand taken by both the parties and the matrimonial suit filed at earlier point of time, the reconciliation does not appear to be feasible at this juncture. However, the petitioner is ready to pay Rs.4,000/- per month from August, 2015 to the informant by depositing the same in her account by second week of every succeeding month.
The offer is acceptable to the informant, who undertakes to supply the bank account number by submitting the same on affidavit before the learned court below within a period of two weeks.
Considering the present stand of the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
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Magistrate, Jehanabad in connection with Jehanabad Mahila P.S. Case No. 26 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The abovementioned payment will be subject to any order being passed in matrimonial, maintenance or other related proceedings.
Three consecutive defaults in making
payment will give liberty to the informant to file application for cancellation of bail bond of the petitioner.
The present order, in no way, will preclude
the parties to resolve the issue otherwise.
(Dinesh Kumar Singh, J)
DKS/-
U T
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Sections 498A/34 IPC.
1 provisions across 1 enactments
Rajeev Ranjan Kumar
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
