The Patna High Court granted anticipatory bail to the petitioner in a complaint case involving dowry-related and matrimonial offences, subject to posting of bail bonds and conditions of regular maintenance payment.
Anticipatory bail granted subject to bail bond of Rs. 25,000 with two sureties and monthly maintenance of Rs. 5,000.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3953 of 2023
Arising Out of PS. Case No.-188 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada
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Santosh Paswan @ Santosh Kumar Son Of Rambriksh Paswan R/V- Saidpur, P.S- Giriyak, Dist- Nalanda Bihar
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr.Subodh Kumar For the State : Mr.Humayou Ahmad Khan For the O.P. No. 2 Mr. Arjun Prasad. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL ORDER
The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 498(A), 494, 323, 379, 324/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.2 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
Patna High Court CR. MISC. No.3953 of 2023(3) dt.12-05-2023 2/3
tormented her over the demand of dowry. 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 .
However, the petitioner is ready to give Rs.5,000.00 (Rupees Five Thousand) per month as maintenance to opposite party no.2 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 opposite party no.2, his bail bond shall automatically be cancelled.
Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 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
Patna High Court CR. MISC. No.3953 of 2023(3) dt.12-05-2023 3/3
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. 188 of 2022, 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 eligible for anticipatory bail in a case involving offences under dowry and matrimonial laws.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharReferred¶20
2006 (3) PLJR 182
1 provisions across 1 enactments
Santosh Paswan @ Santosh Kumar
The State of Bihar
Sangita Devi
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
