Allowed

Gopal Kumar v. The State of Bihar

Patna HC3 Oct 2023CR. MISC./4027/2023

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner in a Section 498-A IPC case involving dowry harassment and marital cruelty. The court directed a monthly payment to the wife as a condition for bail and emphasized reconciliation via the District Mediation Center.

What did the court decide?

Petitioner released on bail subject to payment of Rs. 3,000/month to the complainant and issuance of notice for reconciliation.

Gopal Kumar Vs The State of Bihar — Matrimonial and Divorce | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4027 of 2023

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Arising Out of PS. Case No.-531 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi

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

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GOPAL KUMAR SON OF KISHORI RAI R/O VILL.- PACHATAKI, WARD NO. 04, P.S.- BAIRGANIA, DISTT.- SITAMARHI

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... ... Petitioner/s

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Versus

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The State of Bihar

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KAWITA KUMARI WIFE OF GOPAL KUMAR R/O VILL.- PACHATAKI, WARD NO. 04, P.S.- BAIRGANIA, DISTT.- SITAMARHI, PRESENT ADD. D/O- LATE TAPESHAR SINGH, R/O VILL.- RAGHOPUR BAKHARI, P.S.- PUNAURA, DISTT.- SITAMARHI

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Krishna Murari, Adv. For the Opposite Party/s : Mr.Lakshmi Kant Sharma, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 03-10-2023

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Heard learned counsel for the petitioner and learned APP for the State.

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Though the notice has validly been served upon the complainant, but nobody appears on her behalf.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code.

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Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand.

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Patna High Court CR. MISC. No.4027 of 2023(4) dt.03-10-2023 2/3

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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 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 .

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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 CI-531 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs. 3,000.00 (Rupees Three Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, complainant shall be at liberty to

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Patna High Court CR. MISC. No.4027 of 2023(4) dt.03-10-2023 3/3

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move before the learned Court below for cancelling the bail bond of the petitioner.

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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.

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Learned Court below is directed to issue notice to complainant for furnishing her bank account details. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

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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.

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With the aforesaid observation and direction, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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divyanshi/-

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U T

Gopal Kumar v. The State of Bihar

Case brief

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Gopal Kumar v. The State of Bihar

Case brief

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