Anticipatory bail application in a dowry and cruelty case allowed with conditions including payment of monthly maintenance to the complainant and reference to mediation.
Granted bail on surrender and arrest within six weeks, conditioned on payment of Rs. 5000 monthly to complainant and furnishing of bank details.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22226 of 2022
Arising Out of PS. Case No.-445 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya
======================================================
SANTOSH KUMAR Son of Ambik Yadav Resident of Village - Nima Morheta, P.S.- Sitamarhi, Distt.- Nawada.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Jitendra Kumar Singh Mr. Anand Kishore Sinha ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
5 21-03-2023 Heard learned counsel for the for the petitioner, learned counsel for the O.P. No.2 and learned APP for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 323, 498(A) of the Indian Penal Code.
Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.
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
Patna High Court CR. MISC. No.22226 of 2022(5) dt.21-03-2023 2/3
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 .
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 Complaint Case No.445 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
Petitioner is ready to pay Rs.5000.00 (Rupees Five Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be
Patna High Court CR. MISC. No.22226 of 2022(5) dt.21-03-2023 3/3
subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
Learned counsel for the informant/complainant is directed to furnish the bank account details of the informant/complainant in the learned court below. 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/complainant after she furnishes her bank account details.
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.
With the aforesaid observation and direction, this application stands disposed of.
(Anjani Kumar Sharan, J)
shikha/-
U T
2 issues framed by the court
Whether the petitioner should be released on anticipatory bail pending the trial of prosecution for dowry and cruelty offences.
Whether a condition requiring the petitioner to pay monthly maintenance to the spouse is a valid condition for granting bail.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶17
2006 (3) PLJR 182
1 provisions across 1 enactments
Santosh Kumar
The State of Bihar
Nitu Kumari
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
