Allowed

Pankaj Kumar v. The State of Bihar

Patna HC10 Nov 2023CR. MISC./39616/2023

Case brief

AI extract

What is this about?

The Patna High Court allowed the petitioner's second anticipatory bail application under Section 438 Cr.P.C. Conditioning his release on furnishing a bond and ensuring monthly maintenance payment of Rs. 3,000 to his wife to the informant's bank account.

What did the court decide?

Petitioner enlarged on bail on bond of Rs. 10,000 with two sureties, conditional on depositing Rs. 3,000 monthly maintenance in wife's account.

Pankaj 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.39616 of 2023

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Arising Out of PS. Case No.-583 Year-2021 Thana- JAKKANPUR District- Patna

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

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PANKAJ KUMAR son of Umesh Prasad Gupta Resident of Chitragupt Path New Jakkanpur Patna PS- Jakkanpur 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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Konika Anand D/o- Late Anand Prakash Gupta, W/o- Pankaj Kumar R/oDhobi Tola, Machhua Toil, Danapur Cantt Ps- Danapur Dist- Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Rajani Kant Singh, Advocate Mr. Ramchandra Singh, Advocate For the State : Mr. Navin Kumar Pandey,APP For the O.P.-2 : Mr. Alok Kumar Sinha, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 10-11-2023

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Heard learned counsel for the Petitioner, learned

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A.P.P. for the State and learned counsel for the informant/Opposite Party no. 2.

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This is second attempt for grant of anticipatory bail to the petitioner in connection with Jakkanpur P.S. Case No. 583 of 2021 registered for the offence under Sections 498(A), 506, 34 of the Indian Penal Code and Sections 3 / 4 of the Dowry Prohibition Act. Earlier, vide order dated 25.04.2023 passed in Cr.Misc. No. 36384 of 2022, the prayer for anticipatory bail of petitioner was rejected.

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In the present case, a supplementary affidavit has been filed on behalf of petitioner stating therein that petitioner is ready to maintain and keep his wife with full honour and

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Patna High Court CR. MISC. No.39616 of 2023(5) dt.10-11-2023 2/3

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dignity.

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Learned counsel for the petitioner further submits that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month, to informant/O.P.-2.

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month to informant/O.P.-2 , in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge I, Patna / concerned court in connection with Jakkanpur P.S. Case No. 583 of 2021, G.R. No. 7800 of 2021, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

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“(A.) Informant/O.P.-2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

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(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/O.P.-2.

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(C.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.

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Patna High Court CR. MISC. No.39616 of 2023(5) dt.10-11-2023 3/3

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(D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

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(Prabhat Kumar Singh, J)

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Anay

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U T

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pankaj Kumar v. The State of Bihar

Case brief

What is this about?

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