Allowed

Amardip Das @ Amardip Kumar v. The State of Bihar

Patna HC13 Jul 2023CR. MISC./8848/2023

Case brief

AI extract

What is this about?

Allowed an application for anticipatory bail. Granted bail subject to conditions including furnishing a bond, appointing sureties, and depositing a monthly maintenance amount into the opposing party's bank account. Bail may be cancelled if maintenance defaults occur. Cited Section 438(2) CrPC.

What did the court decide?

Petitioner enlarged on bail by furnishing bond of Rs. 10,000 with two sureties of Rs. 10,000 each and depositing Rs. 2500 monthly maintenance.

Amardip Das @ Amardip Kumar Vs The State of Bihar — Domestic Violence | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8848 of 2023

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Arising Out of PS. Case No.-32 Year-2021 Thana- AMAS District- Gaya

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AMARDIP DAS @ AMARDIP KUMAR Son of Raj Kumar Das Resident of Village- Supai, P.S.- Amas, District- Gaya

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... ... Petitioner/s

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Versus

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The State of Bihar

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Gudiya Kumari D/O Pardesi Das Resident of Village- Supai, P.S.- Amas, District- Gaya

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. Mr. Praveen Kumar, Advocate

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3 13-07-2023

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Heard learned counsel for the petitioner, the State and 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 offences punishable under Sections 323, 498A, 147, 148, 379, 307/34 of the Indian Penal Code and Sections 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. 2500/- 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 amount of Rs. 2500/- per month, in the event of arrest/surrender within a period of six weeks from today, above-named petitioner be

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Patna High Court CR. MISC. No.8848 of 2023(3) dt.13-07-2023 2/2

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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, Sherghati, Gaya in connection with Amas P. S. Case No. 32 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 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

Amardip Das @ Amardip Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Amardip Das @ Amardip Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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