Single Judge of Patna High Court granted anticipatory bail to the petitioner in a dowry harassment case upon furnishing of bail bond and sureties, considering the wife's refusal to live together and ongoing maintenance payments.
Petitioner allowed to be enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of the same amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6510 of 2022
Arising Out of PS. Case No.-60 Year-2018 Thana- MAHILA P.S. District- Bhagalpur
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Md. Ejhar Khan @ Guddu Son Of Md. Jumman R/O Village- Kodarjanna, P.S.- Mufassil, District- Sahebgunj
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Swapnil Kumar Singh For the Opposite Party/s : Mr.Pawan Kr. Chaurasiya
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 08-07-2022
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in Mahila P.S. Case No. 60 of 2018, registered for the offences punishable under Sections 498(A)/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.
Prosecution case in brief is that after marriage this petitioner along with family members started demanding dowry of Rs. 2 lakh and due to non-fulfillment of the same she was subjected to mental and physical torture.
It is submitted that entire allegation is false and concocted. No such occurrence has ever taken place. Petitioner is ready to keep his wife (Opposite Party No. 2) with full honour
Patna High Court CR. MISC. No.6510 of 2022(2) dt.08-07-2022 2/2
and dignity, but the Opposite Party No. 2 does not want to live with the petitioner and this fact has also been stated in the impugned order that at the time of hearing, Farzana Khatoon (Opposite Party No. 2) was present before the court and she refused to live with the petitioner. It is further submitted that Opposite Party No. 2 has filed maintenance case no. 86 of 2019 which was heard and vide order dated 21.01.2021 learned Family Court directed to pay maintenance or Rs. 3000/- to the OP No. 2. Pursuant to that order, petitioner is making payment of Rs. 3,000/- pm to the Opposite Party No. 2.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bhagalpur in connection with Mahila P.S. Case No. 60 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J)
vinita/- U T
2 issues framed by the court
Whether the petitioner is entitled to grant of anticipatory bail in a case of alleged dowry harassment and cruelty.
Whether the petitioner's apprehension of arrest is reasonable given the existing divorce/maintenance circumstances.
1 provisions across 1 enactments
Md. Ejhar Khan @ Guddu
The State of Bihar
Farjana Khatoon
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
