Allowed

Monu Mishra v. The State of Bihar

Patna HC19 Dec 2023CR. MISC./12799/2020

Case brief

AI extract

What is this about?

Anticipatory bail granted to a petitioner accused of dowry harassment under Section 498A IPC and Section 8 of the Dowry Prohibition Act. Bail conditioned on furnishing a bond, payment of monthly maintenance, and availability of bank details for the informant.

What did the court decide?

Petitioner released on bail on Rs.25,000 bond with two sureties, conditional upon payment of Rs.3,000 monthly maintenance to the informant.

Monu Mishra 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.12799 of 2020

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Arising Out of PS. Case No.-45 Year-2019 Thana- MAIN P.S. District- Gaya

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

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MONU MISHRA Son of Mithelesh Mishra @ Mithelash Mishra Resident of Village - Neria, P.S.- Sigori, P.O.- Chiksi, District- Patna, Bihar-801110

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ Manu For the Opposite Party/s : Mr. Akbar Ali For the Informant : Mr. Manish Kumar No.2 ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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12 19-12-2023 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/34

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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

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Patna High Court CR. MISC. No.12799 of 2020(12) dt.19-12-2023 2/3

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keep her with full honour and dignity. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 .

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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 Gaya Main P.S. Case No.45/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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

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Patna High Court CR. MISC. No.12799 of 2020(12) dt.19-12-2023 3/3

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Learned counsel for the informant is directed to make available the bank account details of informant in the learned Court below.

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Trivedi/-

Monu Mishra v. The State of Bihar

Case brief

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Monu Mishra v. The State of Bihar

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