Allowed

Dipu Kumar v. The State of Bihar

Patna HC16 Jan 2023CR. MISC./23554/2022

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a case involving dowry demand and domestic violence offences, directing monthly maintenance payments and setting up a mechanism for deposit if details are not provided.

What did the court decide?

Release on bail with Rs. 25,000 security; monthly payment of Rs. 10,000 to wife; direction to lower court to seek bank details for direct deposit.

Dipu Kumar 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.23554 of 2022

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Arising Out of PS. Case No.-975 Year-2021 Thana- MANER District- Patna

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

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DIPU KUMAR Son of Late Ram Sundar Das Resident of Village - Sarai Mahuari Bagicha, P.S.- Maner, Distt.- Patna.

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... ... Petitioner/s

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Versus

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The State of Bihar.

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Mrs. Soni Kumari W/o Kipu Kumar , D/o Ram Lakhan Paswan Resident of Village - Vishambharpur, P.S- Bihta, Distt.- Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Anil Kumar Singh, Advocate For the State : Mr. Shahabuddin Azeem @ S. Azeem, APP For the Informant : Mr. Madhukar Mishra, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 16-01-2023 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506 and 498(A) of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

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Petitioner, who is husband of opposite party no.2, is

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said to have ousted the opposite party no.2 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

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Patna High Court CR. MISC. No.23554 of 2022(4) dt.16-01-2023 2/3

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drover her out of her matrimonial home nor tormented her over 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 Maner P.S. Case No.975 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 opposite party no.2 in the second week of every month. If 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 cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall

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Patna High Court CR. MISC. No.23554 of 2022(4) dt.16-01-2023 3/3

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be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Learned court below is directed to issue notice to informant/complainant 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/complainant after she furnishes her bank account details.

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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

Dipu Kumar v. The State of Bihar

Case brief

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Dipu Kumar v. The State of Bihar

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