Allowed

Anup Kumar v. the State of Bihar

Patna HC3 Dec 2019CR. MISC./62314/2019

Case brief

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What is this about?

The Patna High Court, in a criminal miscellaneous matter, granted anticipatory bail to the petitioner apprehending arrest in a case under Section 498A IPC. The court directed the petitioner to furnish a bail bond and an undertaking to send monthly maintenance money to the wife until a family court order is passed by registered post.

What did the court decide?

Release of the petitioner on bail upon furnishing a bond of Rs. 10,000 with sureties and an undertaking to send Rs. 2,500 monthly maintenance to the wife via registered post.

Anup Kumar Vs the State of Bihar — Dowry and Cruelty | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62314 of 2019

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Arising Out of PS. Case No.-908 Year-2018 Thana- COMPLAINT CASE District- Jamui

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======================================================

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ANUP KUMAR Son of Shambhulal Burnwal Resident of Village-Aliganj, P.S.-Aliganj, District-Jamui.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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Khusbu Kumari W/o Arup Kumar Resident of Village-Aliganj, P.S-Aliganj, District-Jamui. At Present D/o Manoj Kumar Burnwal, Village-Sono, P.SSono, District-Jamui.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pankaj Kumar Sinha For the Opposite Party/s : Mr.Gauri Shankar Gupta ======================================================

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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3 03-12-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Complaint Case No. 908C of 2018 for the offence registered under Section 498A of the Indian Penal Code and Sections ¾ of the Dowry Prohibition Act.

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The allegation is regarding the marriage of the complainant having been solemnized with the petitioner in the year 2014, however, thereafter she is stated to have been harassed and assaulted by the petitioner on account of nonfulfillment of the demand for dowry.

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The learned counsel for the petitioner submits that

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Patna High Court CR. MISC. No.62314 of 2019(3) dt.03-12-2019 2/3

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despite notice to the opposite party no. 2 and appearance of learned counsel on her behalf in the present case by filing Vakalatnama, nobody had appeared earlier and today also nobody has appeared for the opposite party no. 2.

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However, it is the stand of the petitioner that the impugned order dated 29.08.2019 would bear it out that the complainant is not ready and willing to stay with the petitioner, hence he prays that the petitioner be granted the privilege of anticipatory bail. It is further submitted that the petitioner is innocent, he is ready and willing to pay a sum of Rs. 2,500/- per month as maintenance to the complainant unless and until an appropriate order is passed with regard to the same by the concerned family court.

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Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner, above named, on bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui in connection with Complaint Case No. 908C of 2019 subject to furnishing of an undertaking before the learned court below in person to the

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Patna High Court CR. MISC. No.62314 of 2019(3) dt.03-12-2019 3/3

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effect that that he would regularly send a draft of Rs. 2,500/per month in the name of the opposite party no. 2 at her parental address by Registered Post with A/D.

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The petition stands disposed off on the aforesaid

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terms.

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(Mohit Kumar Shah, J)

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S.Sb/-

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U T

Anup Kumar v. the State of Bihar

Case brief

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Anup Kumar v. the State of Bihar

Case brief

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