Allowed

Birendra Kumar v. The State of Bihar

Patna HC7 Jul 2023CR. MISC./6042/2023

Case brief

AI extract

What is this about?

The High Court of Patna granted anticipatory bail to a petitioner facing charges under Section 498A IPC and Section 3 of the Dowry Prohibition Act, imposing a condition to pay maintenance to the wife along with other standard sureties.

What did the court decide?

Release on bail subject to a bond of Rs. 25,000 with sureties and a monthly maintenance payment of Rs. 3,000 to the complainant.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6042 of 2023

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Arising Out of PS. Case No.-365 Year-2020 Thana- COMPLAINT CASE District- Jamui

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

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BIRENDRA KUMAR R/v- Bhalua, P.S.- Jhajha, District- Jamui

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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CHANDANI KUMARI Wife of Birendra Kumar R/v- Bhalua, P.S.- Jhajha, District- Jamui at present daughter of Dharmdeo Saw, residing at villageKadhua, P.S.- Khaira, District- Jamui

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mrs .Renu Kumari Mr. Madan Mohan Mr. Dinkar Kumar Dubey ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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3 07-07-2023 Heard learned counsel for the for the petitioner, learned

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counsel for the O.P. No.2 and learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

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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 demand nor drove her out of her matrimonial home nor tormented her over

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Patna High Court CR. MISC. No.6042 of 2023(3) dt.07-07-2023 2/3

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the demand of dowry. 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 .

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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.365C of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

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Patna High Court CR. MISC. No.6042 of 2023(3) dt.07-07-2023 3/3

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Learned counsel for the informant/complainant is directed to furnish the bank account details of the informant/complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the informant/complainant after she furnishes her bank account details.

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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.

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With the aforesaid observation and direction, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Birendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Birendra Kumar v. The State of Bihar

Case brief

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