The Patna High Court granted bail in a maintenance and police complaint case of offences under Section 498A IPC. The court conditioned the grant on the clearance of maintenance arrears if an order exists.
Petitioner released on bail upon furnishing bond with two sureties, conditioned to clear maintenance arrears if ordered.
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.5039 of 2023
Arising Out of PS. Case No.-592 Year-2021 Thana- NAWADAH COMPLAINT CASE District- Nawada
====================================================== TINKU GOSWAMI @ TINKU KUMAR GOSWAMI Son of Shambhu Goswami R/o Mohalla- Kumhar Patti, Dhauatar, Mannitar More, Dhanbad, P.S- Dhansar, Dist- Dhanbad Jharkhand. ... ... Petitioner/s Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Viveka Nand Singh For the State : Mr. Bishweshwar Ram For the O.P. No.2 : Mr. Sheo Kumar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
for the State.
Patna High Court CR. MISC. No.5039 of 2023(5) dt.29-08-2023 2/3
falsely implicated in this case as he is husband of opposite party no.2. It is further submitted that the marriage of the complainant was solemnized on 24.06.2012 and the complainant filed the present case after about 9 years of her marriage. Petitioner has no criminal antecedent as mentioned in para-3 of this application.
Patna High Court CR. MISC. No.5039 of 2023(5) dt.29-08-2023 3/3
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.592 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
Trivedi/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a case of offences under Section 498A IPC apprehended by him.
Whether the condition of clearing arrears of maintenance before granting bail should be imposed.
2 provisions across 2 enactments
Tinku Goswami @ Tinku Kumar Goswami
The State of Bihar
Juli Kumari
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
