Allowed

Pawan Sonkar @ Pawan Kumar Sonkar @ Golu v. The State of Bihar

Patna HC1 Nov 2021CR. MISC./6664/2020

Case brief

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What is this about?

This is an oral order granting interim anticipatory bail to the petitioner in a case involving charges of dowry harassment under Section 498A IPC and Section 7 of the Domestic Violence Act. The court allowed the bail with conditions requiring payment of interim monthly maintenance to the respondent-wife until a family court maintenance order is passed. The petitioner must surrender and file a bond

What did the court decide?

Prayer for anticipatory bail allowed; directed to surrender within four weeks; directed to pay Rs. 3000/- per month maintenance to respondent until Family Court maintenance order passed; bail cancelle

Pawan Sonkar @ Pawan Kumar Sonkar @ Golu Vs The State of Bihar — Domestic Violence | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6664 of 2020

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Arising Out of PS. Case No.-1659 Year-2017 Thana- SASARAM NAGAR District- Rohtas

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PAWAN SONKAR @ PAWAN KUMAR SONKAR @ GOLU Son of Late Mr. Pancham Sonkar, Resident of Village - Saraiya, House No.39/153, N-2, Lath Bhairav, Police Chowki, P.S.- Jathpura, Distt.- Varanasi (U.P.)

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Shiwani Devi Wife of Pawan Sonkar D/o Mr. Mahendra Sonkar, Presently Resides of Village - at Fazalganj, Ward No.10, P.O.- Sasaram, P.S.- Sasaram (Model), Dist.- Rohtas.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Siddharth Harsh, Advocate For the Opposite Party/s : Ms.Pronoti Singh, APP

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CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER

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8 01-11-2021 Heard learned counsel for the petitioner and learned

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counsel for the State.

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Petitioner apprehends his arrest in a case registered under Section 498A of the Indian Penal Code and Section ¾ of the D.P. Act.

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Informant has alleged in her written complaint that she was married to petitioner on 29.04.2017 and gifts and presents were given to her in laws at the time of marriage. After marriage she was subjected to torture for non-fulfillment of demand of dowry and she was forcibly sent to her parental home where she is residing with her parents.

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Patna High Court CR. MISC. No.6664 of 2020(8) dt.01-11-2021 2/3

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Petitioner alleges that informant deserted him. He is also ready to keep the informant with him in her matrimonial home with dignity and honour for which he has already filed a case under Section 9 of the Hindu Marriage Act before the Family Court. In the court below statement of the informant was recorded that on account of torture and assault she is not in a position to live with the petitioner. However, no case for maintenance under Section 125 of Cr.P.C. has been filed by the informant.

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Considering the facts and circumstances of the case, prayer of anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, Petitioner is directed to be released on bail on furnishing bail bonds of Rs. 20,000/(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Model) P.S. Case No. 1659 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further condition:-

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Petitioner shall pay a maintenance of Rs. 3000/- per month to the informant till any

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Patna High Court CR. MISC. No.6664 of 2020(8) dt.01-11-2021 3/3

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order for maintenance is passed by family court/competent court and on his failure to pay maintenance for two consecutive months his bail bond shall be cancelled by the trial court.

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(S. Kumar, J)

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Rajiv/veena-

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U T

Pawan Sonkar @ Pawan Kumar Sonkar @ Golu v. The State of Bihar

Case brief

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What did the court decide?

Pawan Sonkar @ Pawan Kumar Sonkar @ Golu v. The State of Bihar

Case brief

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