In an application for anticipatory bail, the Court directed the release of the petitioner subject to a monthly maintenance payment of Rs. 5,000 and submission of a joint reconciliation application.
Anticipatory bail granted subject to payment of Rs. 5,000 monthly maintenance and furnishing of bail bond with sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29065 of 2022
Arising Out of PS. Case No.-263 Year-2021 Thana- MANJHI District- Saran
======================================================
Sachin Kumar Gupta S/O Late Parsan Gupta R/O Village- Katokhar, P.S.Manjhi, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bishwajeet Singh For the Opposite Party/s : Mr.Anant Kumar 1 Mr. Ban Bihari Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 323, 341, 307, 379, 498Aof the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Petitioner, who is husband of the complainant, is said to have ousted the complainant from her 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 the demand of dowry. He is still ready to keep her with full honour and dignity. The petitioner has relied
Patna High Court CR. MISC. No.29065 of 2022(3) dt.02-01-2023 2/3
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 .
However, the petitioner is ready to give Rs.5,000.00 (Rupees Five Thousand) per month as maintenance to the complainant in first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on two consecutive dates to the complainant, his bail bond shall automatically be cancelled.
Learned counsel for the complainant, under instruction, submits that the complainant undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.
In that view of the matter, let the above named petitioner, be released on anticipatory 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
Patna High Court CR. MISC. No.29065 of 2022(3) dt.02-01-2023 3/3
below where the case is pending/successor Court in connection with Manjhi P.S. Case No. 263 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
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.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail in a case involving dowry and assault offences.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶17
2006 (3) PLJR 182
1 provisions across 1 enactments
Sachin Kumar Gupta
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
