Manish Kumar Poddar @ Manish @ Manish Kumar Vs The State of… — Dowry and Cruelty | Patna HC (2024)

Manish Kumar Poddar @ Manish @ Manish Kumar Vs The State of… — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Conditional enlargement on bail in the event of arrest/surrender within six weeks: bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Begusarai, subject to Section 438(2) of Cr.P.C. conditions and monthly-maintenance deposit conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in Begusarai Complaint Case No. 768C of 2022 (offences under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act), should be enlarged on bail in the event of arrest/surrender within six weeks, having undertaken to pay monthly maintenance to the complainant/O.P.-2.

Court's answer

In view of the undertaking that the petitioner would pay maintenance, he is to be enlarged on bail in the event of arrest/surrender within six weeks, 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, Begusarai, subject to conditions laid down under Section 438(2) of Cr.P.C.

Ratio / Principle

Bail is further conditional: complainant/O.P.-2 to file an affidavit before the court below bringing on record her saving bank account; petitioner to deposit the Rs. 5,000/- per-month maintenance therein; failure to deposit for two consecutive months allows the court below to cancel the bail bond; payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the order does not preclude the parties resolving the issue otherwise.

Detailed headnote1 paragraphs

Conditional bail granted - Patna High Court, CRIMINAL MISCELLANEOUS No.11558 of 2024 (oral order dt. 02-07-2024, Prabhat Kumar Singh, J.). Husband-petitioner apprehending arrest in Begusarai Complaint Case No. 768C of 2022 (Section 498A IPC; Sections 3 and 4 Dowry Prohibition Act) enlarged on bail in the event of arrest/surrender within six weeks, on bail bond of Rs. 10,000/- with two like sureties, subject to Section 438(2) Cr.P.C. conditions; grant premised on petitioner's undertaking to pay Rs. 5,000/- per month maintenance into the complainant-wife's saving bank account (account number to be brought on record through her affidavit); failure to deposit for two consecutive months empowers the court below to cancel the bail bond; payments subject to any order passed in matrimonial, maintenance or connected proceedings.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11558 of 2024

Arising Out of PS. Case No.-768 Year-2022 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai

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

Manish Kumar Poddar @ Manish @ Manish Kumar S/o Upendra Poddar R/o Vill - Rajaura, Ward No. - 09, P.S. - Muffasil, Dist. - Begusarai

... ... Petitioner/s

Versus

The State of Bihar

Lakshmi Kumari W/o Manish Kumar Poddar @ Manish, D/o Sri Shivshankar Poddar Presently residing at Vill - Narayan Pippar, P.S. - Chhurahi, O.P., Dist. - Begusarai

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Shashank Shekhar, Advocate For the State : Mr. Tarkeshwar Nath Thakur, APP For Opposite Party No.2 : Mr. Mohit Shriwastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 02-07-2024 Heard learned counsels for the parties.

The petitioner, husband of the complainant/O.P.-2, apprehends his arrest in Begusarai Complaint Case No. 768C of 2022 registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/-

Patna High Court CR. MISC. No.11558 of 2024(4) dt.02-07-2024 2/3

(five thousand rupees) per month, starting from this month, to complainant/O.P.-2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) 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 Sub-Divisional Judicial Magistrate, Begusarai, in connection with Begusarai Complaint Case No. 768C of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

“(A.) 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.

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

(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.

(D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way,

Patna High Court CR. MISC. No.11558 of 2024(4) dt.02-07-2024 3/3

will preclude the parties to resolve the issue otherwise.”

(Prabhat Kumar Singh, J)

shashank/-

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