Petitioner sought bail for offences under IPC 498A and Dowry Prohibition Act. Court granted provisional bail contingent upon payment of Rs.50,000 for livelihood and declaration to return dowry and ornaments.
Petitioner granted provisional bail upon payment of Rs.50,000 for wife's livelihood and undertaking to return dowry and ornaments.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55148 of 2022
Arising Out of PS. Case No.-10 Year-2022 Thana- MAHILA P.S. District- Rohtas
======================================================
Pawan Kumar, S/o Late Rajeshwar Singh, Resident of village - Dhaudand, P.S.- Sasaram, Distt- Rohtas.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Advocate. For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP. ======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 16-12-2022 Heard Mr. Rajani Kant Singh, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chaurasia, learned A.P.P. appearing for the State, in virtual Court.
The petitioner seeks regular bail in connection with Mahila P.S. Case No. 10 of 2022, for the offence punishable under Sections 341, 323, 313, 498A, 504 and 494/34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.
The present application primarily relates to matrimonial dispute. It is alleged that the petitioner is already living along with a lady and has deserted his wife namely Priyanka Kumari, opposite party no.2.
Learned counsel appearing on behalf of the petitioner submitted that the petitioner is ready to keep his wife
Patna High Court CR. MISC. No.55148 of 2022(2) dt.16-12-2022 2/3
who is opposite party no.2 along with his daughter aged about 4 ½ years.
Learned counsel appearing on behalf of the opposite party no.2 submitted that the petitioner has deserted his wife (informant) who is taking care of their minor daughter. Petitioner had brutally kicked her out while she was pregnant. He, however, submitted that if the petitioner is ready to return back the cash amount of Rs.4,00,000/- and ornaments and in the meantime, the petitioner provides Rs.50,000/- as an immediate measure for her livelihood, she has no objection for the petitioner being released on bail. Learned counsel further submitted that the parties have not lodged any case for dissolution of their marriage or any other case apart from the present case.
Considering the rival submissions of the parties, this Court finds force in the submission made on behalf of the opposite party no.2. If the petitioner supports the opposite party no.2 by giving Rs.50,000/- in cash or by way of any instrument as an immediate measure for her livelihood, the petitioner is directed to be released on provisional bail subject to the condition that the petitioner will undertake on affidavit before the court below that he will return back the amount of dowry as
Patna High Court CR. MISC. No.55148 of 2022(2) dt.16-12-2022 3/3
alleged by the opposite party no.2 and the ornaments which was gifted to her by her parents during marriage.
Court below is directed to release the petitioner on provisional bail on such terms and conditions as the court below may deem fit and proper and further if the petitioner and the opposite party no.2 arrives to any amicable settlement within a period of one year, provisional bail granted to the petitioner shall be made absolute by the court below.
At this stage, learned counsel appearing on behalf of the opposite party no.2 submitted that the petitioner owns landed property and the opposite party no.2 has been deprived of the fruits of the said land. This court finds that the petitioner must give at least 50% of the produce from the said land to the opposite party no.2.
This order will not affect if the parties prefer remedy under any Act relating to resolution or dissolution of their marriage.
Accordingly, with the above observation and direction, the present petition is disposed of.
(Purnendu Singh, J)
mantreshwar/- U T
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving dowry harassment and cruelty.
Whether conditions can be imposed regarding the return of dowry amount and ornaments as a condition for bail.
2 provisions across 2 enactments
Pawan Kumar
The State of Bihar
Priyanka Kumari @ Guriya Kumari
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
