Patna HC allowed anticipatory bail to petitioner apprehending arrest under Section 498A IPC and Dowry Prohibition Act, contingent on monthly maintenance payment.
Anticipatory bail allowed with directive to pay Rs. 5000 monthly maintenance to complainant and furnish bail bonds of Rs. 10,000 with two sureties.
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.2681 of 2020
Arising Out of PS. Case No.-2078 Year-2018 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur
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MD. NAUSHAD @ MD. NAUSHAD AHMAD @ NAUSHAD AHMAD Son of Late Md. Sajjad Ahmad wrongly mentioned in complaint as son of Late Md. Shahjad Ahmad Resident of Village - Bisambharpur Ailoth, Musrigharai, Katchahari Tola, P.S.- Musrigharari, District - Samastipur.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Jitendra Narain Sinha For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
The petitioner apprehends his arrest in connection with Complaint Case No. 2078 of 2018 registered for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of the D.P. Act.
At the outset, learned counsel for the petitioner has offered to pay an amount of Rs. 5000/- per month for the maintenance of the complainant and the child.
There are allegations and counter allegations by both
Patna High Court CR. MISC. No.2681 of 2020(4) dt.14-12-2021 2/3
the parties which cannot be decided by the Court in an anticipatory bail proceeding. This can only be decided in the trial.
Considering the facts and circumstances, the prayer for grant of anticipatory bail is allowed.
Accordingly, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur, in connection with Complaint Case No. 2078/2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
Learned counsel appearing for the complainant in the complaint case will supply the bank account details of the complainant to the Advocate for the petitioner in the complaint case proceeding and the petitioner will transfer Rs. 5,000/(Rupees Five Thousand) per month by the 7th day of each month in the account of the complainant.
The amount for the month of December, 2021, shall be transferred in the account of the complainant by the 27th of December, 2021 and, thereafter, the petitioner shall keep on
Patna High Court CR. MISC. No.2681 of 2020(4) dt.14-12-2021 3/3
paying the amount as directed aforesaid.
Any default in the transfer of the account shall result
in cancellation of bail bonds of the petitioner.
This amount is subject to any order passed for
maintenance by a competent court.
With the aforesaid directions and observations, this application is allowed.
(Sandeep Kumar, J)
Saif/-
U T
1 issue framed by the court
Whether anticipatory bail can be granted before the trial of civil allegations regarding maintenance?
3 provisions across 3 enactments
Md. Naushad @ Md. Naushad Ahmad @ Naushad Ahmad
The State of Bihar
Nasima Khatoon
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
