Allowed

Chitranjan Yadav v. the State of Bihar

Patna HC20 Jul 2023CR. MISC./12258/2023

Case brief

AI extract

What is this about?

The petitioner, apprehending arrest in a dowry harassment case, obtained bail by undertaking to pay Rs. 5,000 monthly maintenance to his wife for six weeks, upon surrender within that period. The order mandated deposit into the wife's bank account and allowed bail cancellation for default.

What did the court decide?

Petitioner enlarged on bail on bond of Rs. 10,000 with two sureties, to surrender within six weeks, conditional upon monthly maintenance payment to wife.

Chitranjan Yadav Vs the State of Bihar — Domestic Violence | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12258 of 2023

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Arising Out of PS. Case No.-293 Year-2021 Thana- JEHANABAD COMPLAINT CASE

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District- Jehanabad

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Chitranjan Yadav S/O Late Rajdeo Yadav Resident Of Village- Mananpur, P.S.- Makhdumpur, District- Jehanabad, Bihar.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Soni Devi, W/o Chitranjan Yadav, R/o Vill.- Pokhar, P.S.- Belaganj, District - Gaya.

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner : Ms.Deepika Sharma, Advocate Mr.Rajat Kumar Tiwary, Advocate For the State : Mr.Md. Shakir Ahmad, A.P.P. For the Complainant : Mr.Arun Kumar Tiwary,Advovcate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 20-07-2023

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Heard learned counsel for the parties.

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The petitioner, husband of the complainant/O.P.-2,

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apprehends his arrest in a complaint case punishable for the offences under Sections 323, 307, 498(A), 494, 406, 506 & 34 of the Indian Penal Code.

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As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.

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Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/(five thousand) per month, starting from this month, to complainant/O.P.-2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance

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Patna High Court CR. MISC. No.12258 of 2023(3) dt.20-07-2023 2/2

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amount of Rs. 5,000/- (five thousand) per month to complainant/O.P.-2 , in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 learned A.C.J.M. - III, Jehanabad / concerned court in connection with Complaint Case No. 293 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

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“(A.) Complainant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

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(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-2.

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(C.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.

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(D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

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(Prabhat Kumar Singh, J)

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anay/-

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U T

Chitranjan Yadav v. the State of Bihar

Case brief

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Chitranjan Yadav v. the State of Bihar

Case brief

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