The Patna High Court granted anticipatory bail to the petitioner in a dowry harassment case. He was directed to furnish a bond with sureties and deposit maintenance amounts subject to conditions laid under Section 438 CrPC.
Petitioner granted anticipatory bail on furnishing bonds of Rs.10,000 with two sureties and depositing Rs.1,30,000 maintenance.
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.19916 of 2021
Arising Out of PS. Case No.-242 Year-2019 Thana- BUDDHACOLONY District- Patna
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AMBIKESH KUMAR JHA Son of Sri Suresh Narayan Jha Resident of Village - Brahmpura, P.S.- Manigachhi, District - Darbhanga, At present resident of Qr. No. B-52 CND Officers Colony, Asanapani, P.O.- Kathara, P.S.- Bokaro Thermal, District - Bokaro, Jharkhand.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 10-03-2022
Heard learned counsel for the petitioner, learned
counsel appearing for the informant and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323 and 406/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The basic accusation is of subjecting to torture to the informant for non-fulfillment of demand of ‘Flat’ as the dowry, and the same should be established either in Chennai or Banglore.
Patna High Court CR. MISC. No.19916 of 2021(4) dt.10-03-2022 2/3
It is submitted by learned counsel for the petitioner has falsely been implicated in this case. He further submits that the petitioner is holding the post of Engineer in Marine. He further submits that informant, namely, Aakanksha Jha is a legally wedded wife of the petitioner and also submitted that petitioner is ready to pay Rs.3,30,000/- (Three Lac and Thirty Thousand) to the informant as interim maintenance, out of them the petitioner shall deposit Rs.1,30,000/- at the time of filing his bail bond and remaining Rs.2,00,000/- shall be deposited in two equal instalments in two consecutive months. He is also ready to make payment of Rs. 10,000/- per month from the month of April, 2022, which would be payable in the 1st week of every month.
The learned counsel appearing on behalf of the informant has accepted the both offers of the petitioner, as above, and undertakes to provide bank account details of the informant to the petitioner as early as possible.
Considering the aforestated facts, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.19916 of 2021(4) dt.10-03-2022 3/3
each to the satisfaction of learned Sub Judge-II-cum-ACJM-II, Patna in connection with Buddha Colony P.S. Case No. 242 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 1,30,000/- by the petitioner in the account of the informant.
The aforesaid payments will be subject to any order passed in matrimonial or maintenance proceedings.
(Sunil Kumar Panwar, J)
Brajesh Kumar/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging dowry harassment.
Whether the petitioner's undertakings regarding maintenance and bail bonds satisfy the conditions for release.
1 provisions across 1 enactments
Ambikesh Kumar Jha
State of Bihar
Aakanksha Jha
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
