Court granted anticipatory bail to Deepak Kumar apprehending arrest in cases involving dowry demands and criminal offences under IPC. Conditions for bail and reconciliation were imposed.
Petitioner released on bail within six weeks of arrest/surrender, subject to conditions including monthly payment and reconciliation efforts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4360 of 2023
Arising Out of PS. Case No.-60 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna
======================================================
Deepak Kumar S/O Ashok Saw Resident Of Village- Hanuman Mandir Miya Chak Chatti Road Ward No- 34, P.S. And District- Begusarai.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Lal Babu Singh For the Opposite Party/s : Mr. Harendra Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 354, 498(A), 504, 134 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.
Petitioner, who is husband of opposite party no2.,
is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the dowry demand.
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
Patna High Court CR. MISC. No.4360 of 2023(2) dt.10-02-2023 2/3
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 .
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. 60 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,
Petitioner is ready to pay Rs.3000/- (Rupees Three Thousand) per month to opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.
It goes without saying that the aforesaid payment shall
Patna High Court CR. MISC. No.4360 of 2023(2) dt.10-02-2023 3/3
be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.
Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.
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.
Accordingly, this application stands disposed of.
(Anjani Kumar Sharan, J)
anand/-
1 issue framed by the court
Whether the petitioner ought to be released on anticipatory bail given apprehension of arrest in dowry-related offences.
Colour shows how this judgement treated each authority
Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of BiharRelied on¶18
2006 (3) PLJR 182
1 provisions across 1 enactments
Deepak Kumar
The State Of Bihar
Kumari Suman
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
