Allowed

Lalan Sharma @ Lalan Kumar v. the State of Bihar

Patna HC25 Sept 2023CR. MISC./19939/2023

Case brief

AI extract

What is this about?

The High Court allowed bail to the petitioner in a criminal case arising from matrimonial disputes involving offences under sections 498A, 307, etc., IPC. The order conditions his release on furnishing a bond, surrendering within six weeks upon arrest, and depositing a specified monthly maintenance amount to the respondent's bank account.

What did the court decide?

The petitioner was enlarged on bail upon furnishing a bond of Rs. 10,000/- with two sureties, subject to conditions regarding monthly maintenance payment and surrender within six weeks.

Lalan Sharma @ Lalan Kumar Vs the State of Bihar — Maintenance and Alimony | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19939 of 2023

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Arising Out of PS. Case No.-1472 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai

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

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Lalan Sharma @ Lalan Kumar S/O Mahendra Sharma Resident of VillageSuja, Bharra, P.S.- Mufassil, District- Begusarai.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Lalita Devi W/O Lalan Sharma Resident of village- Suja Bharra, P.S.Mufasil, District- Begusarai, Presently Residing at Village and P.O.Hasanpur, P.S.- Hasanpur, District- Samastipur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Shubhesh Pandey For the Opposite Party/s : Mr.Anil Kumar Singh No. 1 ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 25-09-2023 Heard learned counsel for the parties.

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The petitioner, husband of Opposite Party No. 2 apprehends his arrest in a case registered for the offence under Sections 323, 504, 406, 379, 307 and 498(A) of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act.

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Earlier, vide order dated 11.07.2023, the matter

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was sent to Mediation Centre of Patna High Court for settlement of dispute between the parties, which has been received and kept at flag ‘B’. From persual of Mediator’s report dated 02.09.2023, it appears that mediation has failed.

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Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount

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Patna High Court CR. MISC. No.19939 of 2023(4) dt.25-09-2023 2/3

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of Rs. 2,500/- (two thousand five hundred) per month, starting from this month to Opposite Party No. 2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 2,500/- (two thousand five hundred) per month, 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 Sub-Divisional Judicial Magistrate, Begusarai in connection with Begusarai Complaint Case No. 1472-C of 2019, on the following conditions:

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(1.) Opposite Party No. 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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(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the Opposite Party No. 2.

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(3.) 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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(4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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Patna High Court CR. MISC. No.19939 of 2023(4) dt.25-09-2023 3/3

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(6.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.

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The present order, in no way, will preclude the

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parties to resolve the issue otherwise.

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(Prabhat Kumar Singh, J)

Lalan Sharma @ Lalan Kumar v. the State of Bihar

Case brief

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Lalan Sharma @ Lalan Kumar v. the State of Bihar

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