The court granted anticipatory bail to the petitioner in a matrimonial case involving multiple IPC and Dowry Prohibition Act offences, directing release upon bond within four weeks given a companion settlement.
Petitioner is directed to be released on bail if arrested or surrenders, furnishing a personal bond within four weeks.
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.24117 of 2022
Arising Out of PS. Case No.-40 Year-2020 Thana- MAHILA P.S. District- Vaishali
======================================================
RAVI KUMAR Son of Tribhuwan Singh Resident of House No.- 151, Road No.- 4, Rajput Nagar, Hajipur, P.S.- Industrial Area, Hajipur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajiv Nayan Singh, Adv. For the Opposite Party/s : Mr. Niraj Kumar Mishra, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
10 16-05-2023
Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends arrest in connection with Mahila P.S., Hajipur, Case No. 40 of 2020 registered for the offences under Sections 341, 342, 323, 354(B), 504, 506, 498(A) and 34 of the Indian Penal Code and Section 3 & 4 of the Dowry Prohibition Act.
Learned counsel for the petitioner submits that both the parties through the process of mediation dated 12.12.2022 have mutually agreed upon the terms of settlement in respect of payment of Rs. 50 lakh in two installments by the petitioner to the opposite party no. 2. It is also submitted that the petitioner had earlier paid Rs. 25 lakh vide three demand drafts before this
Patna High Court CR. MISC. No.24117 of 2022(10) dt.16-05-2023 2/2
Hon'ble Court which is also apparent from the order dated 23.01.2023. Further submission is that petitioner had now paid the 2'nd and final installment of Rs. 25 lakh vide three demand drafts dated 10.03.2023; duly handed over to the learned counsel for the opposite party no.2 as contained in Annexure-1 to the supplementary affidavit dated 18.04.2023. Petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of the Court concerned in connection with Mahila P.S., Hajipur, Case No. 40 of 2020 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
(Arvind Srivastava, J)
anuradha/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in the said criminal proceedings.
Whether settlement of issues under Dowry Prohibition Act is a relevant matter for granting anticipatory bail.
1 provisions across 1 enactments
Ravi Kumar
The State of Bihar
Arvind Srivastava
As recorded by the court registry
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