Allowed

Raja Ram Dubey @ Pappu Dubey v. The State of Bihar

Patna HC9 Nov 2023CR. MISC./41088/2023

Case brief

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What is this about?

In a bail application concerning a dowry dispute, the Patna High Court directed the release of the accused husband on bail subject to conditions including payment of maintenance to the wife and reporting to the court.

What did the court decide?

Petitioner released on bail on filing bond of Rs. 25,000 with sureties, subject to monthly maintenance payment of Rs. 5,000 to the informant.

Raja Ram Dubey @ Pappu Dubey 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.41088 of 2023

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Arising Out of PS. Case No.-560 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur

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

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RAJA RAM DUBEY @ PAPPU DUBEY S/O VINOD KUMAR DUBEY R/O Village- Dewariya, P.S- Krishnagarh (Barahara), Distt.- Bhojpur.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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Khusboo Kumari @ Khusboo Pandey W/O Raja Ram Dubey and D/O Kripa Shankar Pandy R/O Village- Dewariya, P.S- Krishnagardh (Barahara), Distt.- Bhojpur at present residing at Galchaur, P.O- Saraiya, P.S- Krishnagardh, Distt.- Bhojpur.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Indra Bhushan Tiwary For the Opposite Party/s: Mr. Mritunjay Kumar Nirala Mr. Ajit Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 09-11-2023 Heard learned counsel for the for the petitioner, learned

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counsel for the O.P. No.2 and learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code.

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Petitioner, who is husband of informant/complainant, is

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said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

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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

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Patna High Court CR. MISC. No.41088 of 2023(3) dt.09-11-2023 2/3

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drove her out of her matrimonial home nor 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 .

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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 Complaint Case No.560 (C) of 2022, 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.5000.00 (Rupees Five Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to 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 mainte-

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Patna High Court CR. MISC. No.41088 of 2023(3) dt.09-11-2023 3/3

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nance case or any other collateral proceedings.

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Learned counsel for the informant/complainant is directed to furnish the bank account details of the informant/complainant in the learned Court below. 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 informant/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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shikha/-

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U T

Raja Ram Dubey @ Pappu Dubey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raja Ram Dubey @ Pappu Dubey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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