Allowed

Bipin Thakur v. The State of Bihar

Patna HC13 May 2022CR. MISC./2639/2022

Case brief

AI extract

What is this about?

This court granted anticipatory bail to the petitioner apprehending arrest in a dowry case involving Sections 498A IPC and Section 4 of the Dowry Prohibition Act, contingent on furnishing a bond, sureties, and agreeing to monthly maintenance payments.

What did the court decide?

Petitioner released on anticipatory bail on furnishing security and agreeing to monthly maintenance payments.

Bipin Thakur Vs The State of Bihar — Dowry and Cruelty | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2639 of 2022

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Arising Out of PS. Case No.-50 Year-2019 Thana- MAHILA PS District- Jehanabad

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

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BIPIN THAKUR Son of Navlesh Thakur @ Noulesh Thakur Resident of Village - Hadail, P.s.- Makhdumpur (Bishunganj O.P.), Distt.- Jehanabad.

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... ... Petitioner.

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Versus

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The State of Bihar.

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Gudia Devi W/o Bipin Thakur Resident of Village - Hadail, Post - Alahganj, P.s.- Makhdumpur (Bishunganj O.P.), Distt.- Jehanabad.

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... ... Opposite Parties.

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====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr. Gautam ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 13-05-2022

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Heard learned counsel for the parties through virtual Court proceedings.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 342, 504 & 498A/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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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

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Patna High Court CR. MISC. No.2639 of 2022(2) dt.13-05-2022 2/3

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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 keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul

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Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 .

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In that view of the matter, let the above named petitioner, be released on 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 of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jehanabad Mahila P.S. Case No.50 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month for a period of one year. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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Patna High Court CR. MISC. No.2639 of 2022(2) dt.13-05-2022 3/3

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.

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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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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Bipin Thakur v. The State of Bihar

Case brief

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Bipin Thakur v. The State of Bihar

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