Allowed

Phool Kumar Patel v. The State of Bihar

Patna HC27 Jul 2023CR. MISC./9029/2023

Case brief

AI extract

What is this about?

The Patna High Court enlarged the petitioner on anticipatory bail in a dowry harassment case, accepting his monthly maintenance undertaking. The order imposed conditions requiring maintenance deposit into the victim's bank account and cancellation of bail if payments are missed for two consecutive months.

What did the court decide?

Petitioner enlarged on bail subject to furnishing bond of Rs. 10,000 with two sureties, and conditions for monthly maintenance deposit and potential bond cancellation for default.

Phool Kumar Patel 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.9029 of 2023

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Arising Out of PS. Case No.-473 Year-2022 Thana- SURSAND District- Sitamarhi

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

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PHOOL KUMAR PATEL Son of Avdhesh Patel Resident of Village- Maruki, P.S.- Sursand, District- Sitamarhi

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... ... Petitioner/s

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Versus

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The State of Bihar

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Babita Kumari Devi W/o Phool Kumar Patel, R/o Vill. Maruki, P.S. Sursand, District – Sitamarhi.

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Ravi Ranjan For the Opposite Party/s : Mr.Suresh Prasad Singh Mr.Virendra Kumar

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

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 27-07-2023

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Heard learned counsel for the parties.

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The petitioner, husband of the informant/O.P.-2, apprehends his arrest in a case registered for the offence under Sections 341, 323, 379, 498(A), 506/34 of the Indian Penal Code.

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As per prosecution case, this petitioner is alleged to have committed torture and harassment with the informant/O.P.2 due to non-fulfillment of demand of dowry.

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Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 4,000/(four thousand) per month, starting from this month, to informant/O.P.-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.9029 of 2023(5) dt.27-07-2023 2/2

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amount of Rs. 4,000/- (four thousand) per month to informant/O.P.-2 , in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 learned J.M. 1^st Class, Pupri (Sitamarhi) / concerned court in connection with Sursand P.S. Case No. 473 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

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“(A.) Informant/O.P.-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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(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/O.P.-2.

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(C.) 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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(D.) 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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anay/-

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U T

Phool Kumar Patel v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Phool Kumar Patel v. The State of Bihar

Case brief

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What did the court decide?

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