Allowed

Mithu Paswan @ Mithun Paswan v. The State of Bihar

Patna HC3 Jul 2023CR. MISC./9664/2023

Case brief

AI extract

What is this about?

The court granted anticipatory bail to the husband facing charges under Section 498A IPC. Bail was conditioned on his undertaking to deposit monthly maintenance of Rs. 3,000 into the wife's bank account and surrender within six weeks, with provisions for bail cancellation upon default.

What did the court decide?

The petitioner is enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount, subject to conditions of arresting within six weeks and monthly maintenance deposit.

Mithu Paswan @ Mithun Paswan 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.9664 of 2023

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Arising Out of PS. Case No.-205 Year-2020 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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MITHU PASWAN @ MITHUN PASWAN Son of Bhagwat Paswan Resident of Village - Tajnipur, P.S.- Bind, District - Nalanda, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Khushbu Kumari Wife of Mithu Paswan @ Mithun Paswan Resident of Village - Tajnipur, P.S.- Bind, District - Nalanda, Bihar. Presently residing at the house of her father namely Chhotan Paswan, Resident of Prahladpur, P.S.- Ghoswari, District - Patna.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.Yogendra Kumar Singh Mr.Pramod Kumar Pranav ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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3. 03-07-2023 Heard learned counsel for the parties.

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The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in a complaint case punishable for the offence under Section 498(A) of the Indian Penal Code.

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As per complaint case, this petitioner is alleged to have committed torture and harassment with the complainant/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. 3,000/(three thousand) per month, starting from this month, to complainant/O.P.-2.

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Patna High Court CR. MISC. No.9664 of 2023(3) dt.03-07-2023 2/2

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In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of

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Rs. 3,000/- (three thousand) per month to complainant/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 A.C.J.M.-III, Barh (Patna) in connection with Complaint Case No. 205 of 2020, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

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“(1.) Complainant/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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(2.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/O.P.-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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anay/-

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U T

Mithu Paswan @ Mithun Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mithu Paswan @ Mithun Paswan v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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