Allowed

Amit Kumar @ Amit Kumar Singh v. the State of Bihar

Patna HC27 Jan 2022CR. MISC./10764/2020

Case brief

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What is this about?

The Patna High Court issued an oral order granting antecedent bail to the petitioner, a husband, pending divorce. The Court directed the lower judiciary to call the parties for a one-time settlement regarding the wife's maintenance if the petitioner appears within four weeks on provisional bail.

What did the court decide?

Granted provisional bail of Rs. 10,000 subject to detention if the petitioner fails to surrender within four weeks; ordered lower court to facilitate one-time settlement.

Amit Kumar @ Amit Kumar Singh Vs the State of Bihar — Matrimonial and Divorce | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10764 of 2020

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Arising Out of PS. Case No.-597 Year-2018 Thana- SIWAN COMPLAINT CASE DistrictSiwan

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AMIT KUMAR @ AMIT KUMAR SINGH S/o Rajbalam Singh Resident of Village- Bihar Khurd Samasur, P.S.- Patherawa, Distt- Kushinagar (U.P.) At present R/o Mohalla Ratanpura, Lane no.5 House No. 77, Tahsil Fagwara, Distt- Kapur Thala (Punjab)

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR Bihar

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Priti Devi W/o Amit Kumar Singh, D/o Akhlesh Singh Resident of Bihar Kurd Samaur, P.S.- Patherawa, Distt- Khushinager (U.P.) At Present R/o Village- Pokhara, P.S.- Maharaj Ganj, Distt- Siwan

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP Mr. Ashok Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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4 27-01-2022

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Heard Mr. Prithvi Nath Mishra, learned Advocate for the petitioner and Mr. Ashok Kumar for the opposite party no. 2. The State is represented by Mr. Jagdhar Prasad, learned APP for the State.

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The petitioner, who is the husband of opposite party no. 2 seeks bail in anticipation of his arrest in connection with Complaint Case No. 597 of 2018 in which cognizance has been taken under Sections 323, 498A and 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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Learned Advocate for the petitioner has submitted that the accusation in the FIR is absolutely

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Patna High Court CR. MISC. No.10764 of 2020(4) dt.27-01-2022 2/3

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false. In fact, the parties are no longer are husband and wife, as a decree of divorce has been pronounced by the competent court.

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As opposed to the aforesaid contention, learned counsel for the informant has submitted that the divorce has been obtained ex parte by keeping the opposite party in dark.

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It has further been submitted that the petitioner has never maintained her nor the daughter born out of the wedlock.

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However, despite this, the opposite party no. 2 is desirous of negotiations with her husband so that some arrangement be made for her maintenance. She has been rendered absolutely helpless and destitute because of such intransigent stand of her husband/the petitioner.

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After having heard the aforesaid arguments, Mr. Mishra, learned Advocate for the petitioners submits that it would be advisable that the parties sit across the table and negotiate for a one time settlement or any other mutually agreed arrangement.

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Considering this, this Court deems it appropriate to refer the matter to the court below for the needful.

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Should the petitioner surrender before the court

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Patna High Court CR. MISC. No.10764 of 2020(4) dt.27-01-2022 3/3

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below within a period of four weeks, he shall be released on provisional bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount. Simultaneously, notice shall be issued to the opposite party no. 2 and on her appearance the court shall provide opportunity to the parties for a one time settlement which would take care of the financial needs of the opposite party no. 2. Should the stand of the petitioner be found to be unreasonable, the court below shall take that into account in passing a final order regarding confirmation of the provisional bail of the petitioner. Similar would be the situation, if the stand of the opposite party no. 2 is found to be unreasonable.

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The petition stands disposed off accordingly.

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(Ashutosh Kumar, J)

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krishna/-

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U T

Amit Kumar @ Amit Kumar Singh v. the State of Bihar

Case brief

What is this about?

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Amit Kumar @ Amit Kumar Singh v. the State of Bihar

Case brief

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