The High Court granted anticipatory bail to the petitioner facing dowry and cruelty charges, directing maintenance payments and court-mandated bank account facilitation for reconciliation.
Petitioner released on bail on surrender within six weeks, with conditions for monthly maintenance payment and availability of bank account 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.3266 of 2022
Arising Out of PS. Case No.-771 Year-2020 Thana- NAGAR District- Vaishali
======================================================
DEVENDRA KUMAR S/o Dwijendra Rai R/o- Mohalla- Nakhash Mitha Kuan, P.S.- Hajipur Town, District- Vaishali.
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Shashi Bhushan Kumar, Advocate For the State : Mr. Kumar Ranjit Ranjan, APP For the Informant : Mr. Harish Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
11 22-06-2023
Heard learned counsel for the parties.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498(A)/34
of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.
Petitioner, who is husband of the informant, is said to have ousted her 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. The petitioner has relied upon the
Patna High Court CR. MISC. No.3266 of 2022(11) dt.22-06-2023 2/3
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 Hajipur Town P.S. Case No.771 of 2020, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
Petitioner is ready to pay Rs.10,000/- (rupees ten thousand) per month to the informant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, the informant shall be at liberty to move before the learned court below for cancellation of bail bond of the petitioner.
It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
Learned counsel for the informant is directed to make
Patna High Court CR. MISC. No.3266 of 2022(11) dt.22-06-2023 3/3
available the bank account details of opposite party no.2 in the learned court below.
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.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner should be released on anticipatory bail with conditions regarding maintenance payment?
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharApplied¶16
2006 (3) PLJR 182
1 provisions across 1 enactments
Devendra Kumar
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
