Allowed

Ramdhari Mahto v. The State of Bihar

Patna HC9 Nov 2023CR. MISC./73040/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to three petitioners facing charges under Sections 498A and 504 IPC. The order was conditioned on the petitioner husband furnishing an affidavit to the subordinate court to deposit 2,500 per month in the wife's account.

What did the court decide?

Enlargement of petitioners on bail upon furnishing a bond of Rs. 10,000 with two sureties and undertaking to deposit Rs. 2,500 monthly in the opposite party's bank account.

Ramdhari Mahto Vs The State of Bihar — Maintenance and Alimony | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73040 of 2023

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Arising Out of PS. Case No.-1468 Year-2022 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran

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

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RAMDHARI MAHTO S/O SUKHAL MAHTO R/O VILLAGEMAHAVIRPUR, P.S- JOGAPATTI, DISTT.- WEST CHAMPARAN.

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RAJKALI DEVI W/O RAMDHARI MAHTO R/O VILLAGEMAHAVIRPUR, P.S- JOGAPATTI, DISTT.- WEST CHAMPARAN.

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DINESH PRASAD S/O RAMDHARI MAHTO R/O VILLAGEMAHAVIRPUR, P.S- JOGAPATTI, DISTT.- WEST CHAMPARAN.

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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KIRAN DEVI W/O DINESH PRASAD, D/O DHRUP MAHTO R/O MAHAVIRPUR, P.S- YOGAPATTI, DISTT.- WEST CHAMPARAN.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd., A.P.P. For the Informant : Mr. Sachidanand Raj, Advocate Mr. Avinash Raj, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 09-11-2023

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Heard learned counsel for the parties.

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The petitioners apprehend arrest in a case registered for the offences punishable under Sections 504, 323, 498A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Learned counsel for the petitioners submits that the petitioner No. 3, who is husband of the complainant/opposite party No. 2, offers and undertakes that he is ready to give maintenance amount of Rs. 2500/- per month, starting from this

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Patna High Court CR. MISC. No.73040 of 2023(2) dt.09-11-2023 2/3

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month, to opposite party No. 2.

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In view of the undertaking of learned counsel for the petitioners that petitioner No. 3 is ready to give maintenance amount of Rs. 2500/- (two thousand five hundred) 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 petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1468(c) 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 No. 3.

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(2) Petitioner No. 3 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 No. 3 fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond of the above named petitioners.

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(4) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected

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Patna High Court CR. MISC. No.73040 of 2023(2) dt.09-11-2023 3/3

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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

Ramdhari Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramdhari Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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