Allowed

Niraj Kumar Sah v. The State of Bihar

Patna HC17 Oct 2023CR. MISC./41134/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a complaint case regarding alleged dowry harassment. The court accepted the petitioner's undertaking to pay mens amount and directed his arrest upon failure to comply.

What did the court decide?

Petitioner enlarged on bail by furnishing a bond of Rs. 10,000/- with two sureties and undertaking to pay Rs. 3,000/- monthly maintenance.

Niraj Kumar Sah Vs The State of Bihar — Domestic Violence | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41134 of 2023

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Arising Out of PS. Case No.-361 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

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

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Niraj Kumar Sah Son Of Rajeshwar Sah Resident Of Village- Sripur, PsChhauradano, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Ramawati Kumari Wife Of Niraj Kumar Sah Resident Of Village- Srikhindi, Ps- Sugauli, District- East Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr.Dhurendra Kumar For the State : Mr.Suman Kumari Singh For the O.P.2 : Mr.Binay Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 17-10-2023 Heard learned counsel for the parties.

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The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Sections 323, 504, 506, 498(A) of the Indian Penal Code.

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As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/O.P.-2 due to non-fulfillment of demand of dowry.

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

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Patna High Court CR. MISC. No.41134 of 2023(3) dt.17-10-2023 2/2

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amount of Rs. 3,000/- (three thousand) per month to complainant/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 S.D.J.M., Raxaul, Motihari (East Champaran) / concerned court in connection with Complaint Case No. 361 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

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“(A.) Complainant/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 complainant/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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(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

Niraj Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niraj Kumar Sah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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