Allowed

Deepak Kumar v. The State of Bihar

Patna HC10 Oct 2022CR. MISC./6805/2022

Case brief

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What is this about?

The court granted anticipatory bail to the petitioner charged under Sections 323, 498-A IPC, conditioning release upon furnishing bonds and payment of Rs. 10,000/month maintenance if the respondent provides a bank account.

What did the court decide?

Anticipatory bail granted by deposit of Rs. 10,000/- as maintenance (subject to bank account details) and furnishing of bail bonds of Rs. 10,00/- with two sureties of similar amount.

Deepak Kumar Vs The State of Bihar — Maintenance and Alimony | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6805 of 2022

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Arising Out of PS. Case No.-783 Year-2019 Thana- PATNA COMPLAINT CASE District-

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Patna

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

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DEEPAK KUMAR Son of Nandan Prasad Yadav Resident of Village - Naya Gawn (Badhi Para), P.s.- East Colony, Distt.- Munger.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Hema Kumari W/o Deepak Kumar D/o Prem Kumar Yadav Resident of Village - Naya Gawn (Badhi Para), P.s.- East Colony , Distt.- Munger, Resides Presently Kajipur Behind P.N Englo School, P.s.- Kadamkuan, Dist.- Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Nawal Kishore Singh For the Opposite Party/s : Mr.Md. Nazir Ansari ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER

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3 10-10-2022 Heard learned counsel for the petitioner and learned APP for the State.

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The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Complaint Case no. 783( C) of 2019 instituted for the offence under Sections 323, 498(A) of the Indian Penal Code.

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As per allegation in the FIR, due to non-fulfillment of dowry demand of Rs. two lakh, petitioner along with other family members started to abuse and torture the complainant mentally and physically.

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It is submitted by learned counsel for the petitioner

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Patna High Court CR. MISC. No.6805 of 2022(3) dt.10-10-2022 2/3

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that petitioner is husband of the complainant and he has been falsely implicated in this case.

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Learned counsel for the informant prayed for some maintenance for survival of the complainant as she is a housewife and she is not able to maintain herself and her daughter.

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In the alternative, learned counsel appearing on behalf of the petitioner, on instructions, submits that petitioner is ready to give Rupee ten thousand per month from this month, subject to furnishing bank account number by the informant to the petitioner.

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In the changed circumstance, learned counsel for the informant admits that he shall provide bank account number of the informant to the petitioner within a period of one week from today. On receipt of the bank account number of the informant, the petitioner shall deposit Rs. 10,000/- (Ten Thousand) in every month commencing from October as maintenance in the account furnished by the informant.

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Having heard learned counsel for the parties and considering the submissions made on behalf of the petitioner, this Court is inclined to enlarge him on bail. The petitioner, above named, in the event of his arrest or surrender before

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Patna High Court CR. MISC. No.6805 of 2022(3) dt.10-10-2022 3/3

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learned Court below within a period of four weeks from today, shall be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Patna in connection with Complaint Case No. 783 of 2019, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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The bail bonds of the petitioner shall be accepted by the learned court below on showing receipt of deposit of Rs. 10,000/- (for the month of October) by the petitioner in the account of the complainant.

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The aforesaid payment will be subject to any order passed in the maintenance case for final settlement.

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(Sunil Kumar Panwar, J)

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sushma/- U

Deepak Kumar v. The State of Bihar

Case brief

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Deepak Kumar v. The State of Bihar

Case brief

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