Allowed

Satendra Ram @ Satyendra Ram v. the State of Bihar

Patna HC3 Jul 2023CR. MISC./4128/2023

Case brief

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What is this about?

In a bail application under Section 498A IPC regarding domestic violence allegations, the Patna High Court enlarged the petitioner on bail upon his undertaking to pay monthly maintenance to the wife and appear in court. Bail was granted with specific conditions linking cancellation to failure to pay maintenance or appear in trial.

What did the court decide?

Order the petitioner fian be enlarged on bail upon furnishing a security of Rs. 10,000/- with two sureties and complying with conditions regarding maintenance payment and court attendance.

Satendra Ram @ Satyendra Ram 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.4128 of 2023

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Arising Out of PS. Case No.-285 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua)

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

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Satendra Ram @ Satyendra Ram S/o Chhathu Ram R/v- Pokhara, PostPiyan, P.S.- Sonhan, District- Kaimur at Bhabua

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Dimpal Kumar W/o Satendra Ram D/o Vinod Ram R/v- Karnpura, PostChenari, P.S.- Chenari, District- Rohtas at Sasaram

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Rajani Kant Pandey For the Opposite Party/s : Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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4 03-07-2023 Heard learned counsel for the parties.

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The petitioner, husband of Opposite Party No. 2 apprehends his arrest in a case registered for the offence under Section 498(A) of the Indian Penal Code.

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Learned counsel for the petitioner submits that at this juncture, the petitioner is ready to give maintenance amount of Rs. 3,000/- (three thousand) per month, starting from this month to Opposite Party No. 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, 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

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Patna High Court CR. MISC. No.4128 of 2023(4) dt.03-07-2023 2/2

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bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

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like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Complaint

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Case No. 285 of 2022 on the following conditions:

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(1.) Opposite Party No. 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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(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the Opposite Party No. 2.

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(3.) 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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(4.) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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(5.) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(6.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings.

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The present order, in no way, will preclude the parties

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to resolve the issue otherwise.

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(Prabhat Kumar Singh, J)

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vinita/- U T

Satendra Ram @ Satyendra Ram v. the State of Bihar

Case brief

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Satendra Ram @ Satyendra Ram v. the State of Bihar

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