Disposed

Akshay Kumar v. The State of Bihar

Patna HC18 Sept 2023CR. MISC./6131/2023

Case brief

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What is this about?

Husband facing charges under IPC sections including 498A and Dowry Prohibition Act sought pre-arrest bail. Court enlarged him on anticipatory bail conditional on monthly deposit of Rs. 5,000 maintenance into wife's bank account, with bail cancellable on two consecutive months' default.

What did the court decide?

Petitioner enlarged on anticipatory bail on furnishing bail bond of Rs. 10,000 with two sureties, subject to s.438(2) CrPC conditions and monthly maintenance deposits.

Akshay 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.6131 of 2023

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Arising Out of PS. Case No.-85 Year-2022 Thana- SAHARSA COMPLAINT CASE DistrictSaharsa

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

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AKSHAY KUMAR Son of Ashok Sharma Resident of Village - Khamhauti, P.S.- Bakhtiarpur, District - Saharsa.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Gidiya Kumari Wife of Akshay Kumar D/o Ranjay Mistri, Resident of Village - Patel Nagar, Ward No.- 31, P.S.- Saharsa, District - Saharsa.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Rashmi Jha, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P. Mr. Ashok Kumar, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 18-09-2023 Heard learned counsel for the parties.

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The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 498A, 494, 323, 504, 505, 506, 406, 120B of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 5000/- 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

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Patna High Court CR. MISC. No.6131 of 2023(4) dt.18-09-2023 2/2

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amount of Rs. 5000/- (five thousand) per month to the opposite party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 Judicial Magistrate, 1^st Class, Saharsa in connection with Complaint Case No. 85C of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as 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 savings 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 savings 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) 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.’

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Akshay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Akshay Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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