Allowed

Rakesh Singh v. The State of Bihar

Patna HC28 Jun 2022CR. MISC./17321/2021

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to a husband accused of dowry-related offences under IPC Sections 323, 379, 498A, and 494. The release is conditional upon his undertaking to pay monthly maintenance to his wife, which, if defaulted, would result in automatic cancellation of bail.

What did the court decide?

Release on anticipatory bail subject to payment of Rs. 2000 per month maintenance and furnishing a bond of Rs. 25,000 with sureties.

Rakesh Singh Vs The State of Bihar — Domestic Violence | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17321 of 2021

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Arising Out of PS. Case No.-2491 Year-2018 Thana- SARAN COMPLAINT CASE DistrictSaran

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

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Rakesh Singh Son Of Chetnarain Singh Resident Of Village- Chhitrauli, P.S.Khaira, District- Saran.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Maya Devi Wife of Rakesh Singh, Daughter of Ramnaresh Singh Resident of Village- Chhitrauli, P.S.- Khaira, District- Saran. Presently residing at Village- Hasanpura, P.S.- Marhaura, District- Siwan.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ankur Prakash Sinha For the Opposite Party/s : Mr. Dilip Kumar No. 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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7 28-06-2022 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 379 498A and 494 of the Indian Penal Code.

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Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. He is still ready to

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Patna High Court CR. MISC. No.17321 of 2021(7) dt.28-06-2022 2/3

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keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 .

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However, the petitioner is ready to give Rs.2,000.00 (Rupees Two Thousand) per month as maintenance to opposite party no.2 in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

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Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

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In that view of the matter, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties

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Patna High Court CR. MISC. No.17321 of 2021(7) dt.28-06-2022 3/3

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of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Trial No. 3387 of 2019 arising out of Complaint Case No. 2491 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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(Anjani Kumar Sharan, J)

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devendra/-

Rakesh Singh v. The State of Bihar

Case brief

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Rakesh Singh v. The State of Bihar

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