The Patna High Court granted anticipatory bail in a dowry harassment case. The petitioner agreed to deposit Rs. 2,500 per month starting April 7, 2021, as a condition for release.
The petitioner was granted anticipatory bail with a condition to deposit Rs. 2,500 per month in the victim's bank account starting April 7, 2021.
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.10734 of 2020
Arising Out of PS. Case No.-54 Year-2019 Thana- MAHILA P.S. District- Samastipur
======================================================
PAPPU KUMAR @ PAPPU KUMAR MAHTO Son of Kishandev Mahto Resident of Village - Nisfi, P.S.- Tajpur, District - Samastipur.
... ... Petitioner/s
| The State of Bihar =============== |
Versus ... ... Opposite Party/s ======================================= |
|---|---|
| Appearance : | |
| For the Petitioner/s | : Mr.Sachin Kumar Mr. Raj Kumar |
| For the State | : Mr. A. L. Pandit |
| For the O. P. No. 2 =============== |
: Mr. Dilip Kumar Roy ======================================= |
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Heard learned Counsel for the petitioner, learned
Counsel for the informant-Opposite Party No. 2 and learned Additional Public Prosecutor for the State.
The petitioner apprehends his arrest in connection with Samastipur (Mahila) Police Station Case No. 54 of 2019, registered for the offences punishable under Sections 498A/341/323/504/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
The allegation, as per the First Information Report, is that the marriage of the Opposite Party No. 2 was solemnized with the petitioner about three years back and after sometime, the petitioner and other family members started demanding colour television, washing machine and freeze by way of dowry
Patna High Court CR. MISC. No.10734 of 2020(7) dt.19-03-2021 2/3
and due to non-fulfillment of the said demand, the petitioner and other family members tortured the Opposite Party No. 2 physically as well as mentally and also ousted the Opposite Party No. 2 from her matrimonial home.
Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case. However, without prejudice to the right and contention of the petitioner, and in order to maintain harmony in the family, the petitioner is ready and willing to pay a sum of Rs. 2,500/- per month to the Opposite Party No. 2 as living cost, subject to the final outcome of the present case as well as the matrimonial case pending between the parties.
Learned Counsel for the informant-Opposite Party No. 2 accepts the offer so made by learned Counsel for the petitioner and submits that the petitioner may be directed to deposit the said amount of Rs. 2,500/- per month in the bank account of the informant-Opposite Party No. 2, details of which shall be furnished by learned Counsel for the Opposite Party No. 2 to learned Counsel for the petitioner within fifteen days from today.
After having heard learned Counsel for the parties
Patna High Court CR. MISC. No.10734 of 2020(7) dt.19-03-2021 3/3
and taking into consideration the materials on record and the fact that the offer made by learned Counsel for the petitioner has been accepted by learned Counsel for the Opposite Party No. 2, I am inclined to grant the petitioner privilege of anticipatory bail.
This application is, accordingly, allowed.
Let the petitioner, above named, in the event of his arrest/surrender before the learned Court below within a period of six weeks from today, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Samastipur, in connection with Samastipur (Mahila) Police Station Case No. 54 of 2019.
This is subject to the condition that the petitioner shall deposit a sum of Rs. 2,500/- per month in the bank account of Opposite Party No. 2 positively, starting from 07th April, 2021.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a dowry case upon the condition of paying monthly maintenance.
2 provisions across 2 enactments
PAPPU KUMAR @ PAPPU KUMAR MAHTO
THE STATE OF BIHAR
Opposite Party No. 2
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
