Allowed

Praveen Kumar @ Vicky v. The State of Bihar

Patna HC16 Jan 2023CR. MISC./15133/2022

Case brief

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What is this about?

The High Court granted anticipatory bail to the petitioner in a dowry-related case involving alleged ouster of his wife. Bail was conditioned on monthly payment to the wife and subject to any subsequent matrimonial orders.

What did the court decide?

Petitioner released on bail via bond of Rs.25,000 with two sureties, subject to monthly payment of Rs.10,000 to informant for two months, with condition for cancellation on default.

Praveen Kumar @ Vicky 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.15133 of 2022

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Arising Out of PS. Case No.-201 Year-2021 Thana- JALALPUR District- Saran

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

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PRAVEEN KUMAR @ VICKY S/o Srimahanth Pandey R/o Village- Tarwar, West Tola, P.S.- Bheldi, District- Saran.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Kanchan Kumari For the Opposite Party/s : Mr.Sanjay Kumar Pandey

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

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 16-01-2023

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Heard learned counsel for the petitioner, learned APP

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for the State as well as learned counsel appearing on behalf of the informant.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 506 and 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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Petitioner, who is husband of the 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 drover her out of her matrimonial home nor tormented her over

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Patna High Court CR. MISC. No.15133 of 2022(3) dt.16-01-2023 2/3

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the demand of dowry. He is still ready to 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 Jalalpur P.S. Case No.201 of 2021, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

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Petitioner is ready to pay Rs.10,000/- (rupees ten thousand) per month to the informant in the second week of every month. If petitioner fails to pay the aforesaid amount on two consecutive months, the informant would 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

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Patna High Court CR. MISC. No.15133 of 2022(3) dt.16-01-2023 3/3

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maintenance case or any other collateral proceedings.

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Learned counsel for the informant is directed to make

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available the bank account details of the 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 Centre for the purpose of reconciliation or for 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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S.KUMAR/-

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U T

Praveen Kumar @ Vicky v. The State of Bihar

Case brief

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Praveen Kumar @ Vicky v. The State of Bihar

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