Allowed

Dharmendra Kumar v. The State of Bihar

Patna HC4 Dec 2023CR. MISC./10976/2023

Case brief

AI extract

What is this about?

Anticipatory bail granted to petitioner accused in dowry harassment case under S. 498A IPC. Bail conditioned on furnishing bond and making monthly payments of Rs. 5,000 to informant, subject to cancellation on default and other matrimonial proceedings.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 25,000 with two sureties, subject to condition of monthly payment of Rs. 5,000.

Dharmendra Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10976 of 2023

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Arising Out of PS. Case No.-42 Year-2022 Thana- MAHILA PS District- Jamui

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====================================================== DHARMENDRA KUMAR Son of Maheshwari Mandal R/o Village - Karnpur, P.S.- Laxmipur, District – Jamui. ... ... Petitioner/s Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrendra Kumar For the Opposite Party/s : Mrs. Meena Singh For the Informant : Mr. Rajesh Kumar Sinha ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 04-12-2023

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Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A, 323 & 506/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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Petitioner, who is husband of informant, is said to have ousted the informant 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 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. Learned counsel for the petitioner further submitted that petitioner is ready to make payment of Rs. 5000 /- (Rupees Five Thousand) in second

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Patna High Court CR. MISC. No.10976 of 2023(4) dt.04-12-2023 2/2

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week of every succeeding month in the bank account of informant as per the details furnished by her counsel.

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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 Jamui Mahila P.S. Case No.42/2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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

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The present order, in any way, will preclude the parties to resolve the issue otherwise.

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It is made clear that if the petitioner fails to make payment on three consecutive dates, the learned court below will be at liberty to cancel the bail bond of the petitioner.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Trivedi/- U T

Dharmendra Kumar v. The State of Bihar

Case brief

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Dharmendra Kumar v. The State of Bihar

Case brief

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