High Court granted anticipatory bail to petitioner apprehending arrest in dowry case after he undertook to pay monthly maintenance. Petitioner to deposit money and is released on bail upon surrender within six weeks.
Released on bail subject to paying Rs. 3,000 monthly maintenance and furnishing bail bond of Rs. 25,000 with sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20099 of 2022
Arising Out of PS. Case No.-46 Year-2021 Thana- MAHILA PS District- Buxar
======================================================
ARUN KUMAR YADAV @ ARUN YADAV Son of Guru Charan Singh R/o village - Manki, Bhadwar Barari, Barhampur, P.S. - Bagain Gulla, Dist. - Buxar. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Pandey For the Opposite Party/s : Mr. Nawal Kishore Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
9 01-05-2023 Heard the parties.
Office has reported that notice has not been received by the opposite party no.2 as the address mentioned is not correct.
The petitioner apprehends his arrest in a case registered under sections 341, 323, 379, 504, 506 and 498(A)/34 of the Indian Penal Code.
The allegation against the petitioner is of torturing the informant in association of his family members on account of non-fulfillment of demand of dowry and of ousting her out of the matrimonial house.
It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has never made any dowry demand and has been falsely implicated in the present case mostly on suspicion
Patna High Court CR. MISC. No.20099 of 2022(9) dt.01-05-2023 2/3
and grudge. There is general and omnibus allegation against the petitioner. 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.
Learned counsel for the petitioner has filed a supplementary affidavit stating therein that the petitioner is ready to pay Rs.1,000/- (Rupees One Thousand) per month to opposite party No.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.
Considering the statement made in the supplementary affidavit, petitioner is directed to pay Rs.3,000 (Rupees Three Thousand) to opposite party no.2 in the first week of every month, for her maintenance, as per the bank account details furnished by her in the learned Court below.
In such 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 Buxar Mahila P.S. Case No. 46/2021, subject to the conditions as laid
Patna High Court CR. MISC. No.20099 of 2022(9) dt.01-05-2023 3/3
down under Section 438(2) of the Cr.P.C.
It is made clear that if the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancellation of the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceedings.
Learned court below is directed to issue notice to informant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant after she furnishes her bank account details.
If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
ajay/- U T
2 issues framed by the court
Whether the petitioner entitled to anticipatory bail given apprehension of arrest in dowry case.
Whether undertaking to pay maintenance to opposite party is sufficient condition for bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶14
2006 (3) PLJR 182
1 provisions across 1 enactments
Arun Kumar Yadav @ Arun Yadav
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
