Allowed

Vinod Vishwakarma @ Vinod Kumar v. The State of Bihar

Patna HC9 Nov 2023CR. MISC./52994/2023

Case brief

AI extract

What is this about?

The Patna High Court enlarged the petitioner on bail in a matrimonial case involving charges under the IPC and Dowry Prohibition Act. The court accepted the petitioner's undertaking to pay Rs. 3000 monthly maintenance and imposed conditions including depositing the amount into the wife's bank account and cancelling bail upon default for two consecutive months.

What did the court decide?

Enlargement of the petitioner on bail on furnishing a bond of Rs. 10,000 with two sureties, conditional upon monthly maintenance payment.

Vinod Vishwakarma @ Vinod Kumar Vs The State of Bihar — Dowry and Cruelty | Patna HC (2023)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.52994 of 2023

¶2

Arising Out of PS. Case No.-962 Year-2021 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua)

¶3

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

¶4

Vinod Vishwakarma @ Vinod Kumar S/O Late Rambilas Vishwakarma @ Rambilas R/O Village Hatwa, P.S. Illia, District Chandauli (U.P.)

¶5

... ... Petitioner

¶6

Versus

¶7

The State Of Bihar

¶8

Mansa Devi @ Madhubala Madhuri Wife Of Vinod Vishwakarma @ Vinod Kumar R/O Village Hatwa, P.S. Illia, District Chandauli (U.P.). At Present Reside With Her Father Namely Kuwar Vishwakarma, R/O Village Patanwa, P.S. Chand, District Kaimur At Bhabua

¶9

... ... Opposite Parties

¶10

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

¶11

Appearance :

¶12

For the Petitioner : Mr.Tribhuwan Narayan, Advocate For the State : Mr.Ramesh Chandra, Addl Public Prosecutor for the opposite party no.2 Mr. S S Sharma, Advocate

¶13

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

¶14

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶15

4 09-11-2023

¶16

Heard learned counsel for the petitioner, the State and the opposite party no.2.

¶17

The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Sections 498A,406A,354B,379/34 and other allied sections of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act.

¶18

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/-per month, starting from this month to the opposite party no.2.

¶19

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner

¶20

Patna High Court CR. MISC. No.52994 of 2023(4) dt.09-11-2023 2/2

¶21

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 the Additional Chief Judicial Magistrate II, Kaimur at Bhabua in Complaint Case No. 962 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

¶22

(i) 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.

¶23

(ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

¶24

(iii) 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.

¶25

(iv) 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.

¶26

(Prabhat Kumar Singh, J)

¶27

shashi/-

¶28

U T

Vinod Vishwakarma @ Vinod Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Vinod Vishwakarma @ Vinod Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh Yadav Vs The State of Bihar

Mohammad Sarwar Alam Vs The State of Bihar

Abhishek Kumar Jha Vs the State of Bihar

Ramdhari Mahto Vs The State of Bihar

Indu Devi Vs the State of Bihar

Akhilesh Yadav @ Akhilesh Kumar Vs The State of Bihar