The Patna High Court disposed of an application for anticipatory bail filed by a petitioner amidst allegations of dowry harassment and attempt to murder. Granting bail subject to conditions regarding maintenance payment.
Anticipatory bail granted conditional on depositing maintenance arrears and future monthly 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.7775 of 2022
Arising Out of PS. Case No.-65 Year-2021 Thana- JAMALPUR District- Munger
======================================================
DEOBRAT SHARMA @ DEVRAT SHARMA S/o Pradeep Kumar Verma @ Sharma R/o village- Ekdara, P.S.- Buddhuchak, Distt.- Bhagalpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ravish Mishra For the Opposite Party/s : Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 01-11-2022
Heard learned counsel for the petitioner, learned counsel for the complainant and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jamalpur P.S. Case no. 65 of 2021 instituted for the offence under Sections 498A, 307, 323, 504/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
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.
It is submitted by learned counsel for the petitioner that petitioner is husband of the informant and has been falsely implicated
Patna High Court CR. MISC. No.7775 of 2022(3) dt.01-11-2022 2/2
in this case.
Learned counsel for the complainant and learned APP appearing for the State has opposed the prayer of Bail. They submitted that it is admitted fact that an amount of Rs. 2,500/- was fixed by Family Court as maintenance to be paid by the petitioner to the complainant. However, he is not regularly paying the same.
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 subject to condition that petitioner shall deposit the entire arrear amount as well as Rs. 2,500/per month as maintenance to the complainant as per the order of Family Court. The petitioner, above named, in the event of his arrest or surrender before 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 Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 65 of 2021, subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J)
sushma/- U
2 issues framed by the court
Whether the petitioner should be granted anticipatory bail in an FIR alleging dowry harassment and attempts to commit murder.
What conditions should be imposed on the grant of anticipatory bail regarding maintenance arrears.
1 provisions across 1 enactments
Deobrat Sharma @ Devrat Sharma
The State of Bihar
Udita Soni @ Rani
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
