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Md. Mister v. The State of Bihar

Patna HC17 Jul 2023CR. MISC./8479/2022

Case brief

AI extract

What is this about?

Husband apprehending arrest for offences under Sections 498A/494/34 IPC undertook to pay Rs. 3,000 monthly maintenance to his wife. The court directed that he be enlarged on bail upon surrender or arrest within six weeks, conditioned on timely maintenance deposits.

What did the court decide?

Petitioner to be enlarged on bail on furnishing Rs.10,000 bond with two sureties, conditional on monthly maintenance deposits of Rs.3,000 to opposite party no.2's account.

Md. Mister 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.8479 of 2022

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Arising Out of PS. Case No.-61 Year-2021 Thana- MAHILA P.S. District- Purnia

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MD. MISTER Son of Md. Akhlak Resident of Village - Lohzar, Ward No.14, P.s.- Maranga, Distt.- Purnia.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Farzana Khatoon w/o Md. Mister, Resident of Village - Lohzar, Ward No.14, P.s.- K. Nagar, Distt.- Purnia.

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... ... Opposite Party/s

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

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Appearance : For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 17-07-2023

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Heard learned counsel for the petitioner, the State and

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the opposite party no.2.

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The petitioner who is husband of opposite party no. 2 apprehends arrest in a case registered for the offence punishable under Sections 498 (A)/ 494/ 34 of the Indian Penal Code.

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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. 3000/-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

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Patna High Court CR. MISC. No.8479 of 2022(3) dt.17-07-2023 2/3

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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 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 learned Sub-divisional Judicial Magistrate Purnia in connection with Mahila P.S. case No. 61 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:-

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(1) 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.

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(2) Petitioner would deposit the aforesaid maintenance amount per month in the saving 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

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Patna High Court CR. MISC. No.8479 of 2022(3) dt.17-07-2023 3/3

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parties to resolve the issue otherwise.

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(Prabhat Kumar Singh, J)

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Kaushik/-

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U T

Md. Mister v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Mister v. The State of Bihar

Case brief

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