Bechan Yadav Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

Bechan Yadav Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-V, Araria, subject to section 438(2) CrPC conditions and conditions requiring payment of Rs. 3000/- per month maintenance to opposite party No. 2 into her savings bank account (failure for two consecutive months permitting cancellation of the bail bond).

Issue for consideration

Whether petitioner Bechan Yadav, husband of opposite party No. 2 (Sunita Devi), apprehending arrest in PS/Complaint Case No. 497 of 2021, District Araria, for offences under Sections 323, 498A IPC and Section 3/4 of the Dowry Prohibition Act, should be enlarged on bail in the event of arrest/surrender.

Court's answer

In view of the petitioner's undertaking to pay monthly maintenance to opposite party No. 2, the petitioner shall be enlarged on bail in the event of arrest/surrender within six weeks, on furnishing a personal bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate-V, Araria, in connection with Complaint Case No. 497 of 2021, subject to the conditions of section 438(2) CrPC.

Ratio / Principle

The grant proceeds on the petitioner's offer and undertaking, made through his learned counsel, to pay maintenance of Rs. 3000/- per month, starting from the current month, to opposite party No. 2.

Key takeaways

Condition (1): opposite party No. 2 must file an affidavit before the court below recording her savings bank account number for communication to the petitioner.ratio¶20
Condition (2): the petitioner must deposit the stipulated monthly maintenance amount into the savings bank account of opposite party No. 2.ratio¶21
Condition (3): failure by the petitioner to deposit the maintenance amount for two consecutive months entitles the court below to cancel the bail bond.

Detailed headnote1 paragraphs

Patna High Court (oral order, Prabhat Kumar Singh, J., 24-07-2024) granted anticipatory bail to Bechan Yadav, husband of opposite party No. 2 Sunita Devi, who apprehended arrest in PS/Complaint Case No. 497 of 2021 (District Araria) for offences under Sections 323, 498A IPC and Section 3/4 of the Dowry Prohibition Act. Bail was allowed on the petitioner's undertaking to pay Rs. 3,000/- per month maintenance to opposite party No. 2, to be deposited in her savings bank account (account number to be furnished by her affidavit), starting from the current month. Enlargement ordered on a bail bond of Rs. 10,000/- with two sureties of the like amount each before Additional Chief Judicial Magistrate-V, Araria, subject to section 438(2) CrPC conditions. Failure to deposit the maintenance amount for two consecutive months empowers the court below to cancel the bail bond; the payments are subject to any order in matrimonial/maintenance/connected proceedings and the order does not preclude the parties settling the dispute otherwise.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11756 of 2024

Arising Out of PS. Case No.-497 Year-2021 Thana- COMPLAINT CASE District- Araria

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

Bechan Yadav S/O Kamleshwari Yadav R/O Village- Bairakh, Koshkapur, P.S- Raniganj, District- Araria.

... ... Petitioner/s

Versus

The State Of Bihar

Sunita Devi W/O Bechan Yadav, D/O Krityanand Yadav R/O VillageBairakh, Koshkapur, P.S- Raniganj, Distt.- Araria.

... ... Opposite Party/s

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

For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey, A.P.P. Mr. Nishant Kumar Sinha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 24-07-2024 Heard learned counsel for the parties.

The petitioner who is husband of opposite party

No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 3000/- (three thousand) per month to the opposite

Patna High Court CR. MISC. No.11756 of 2024(5) dt.24-07-2024 2/2

party No. 2, in the event of arrest/surrender within a period of six weeks from today, let the 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 Additional Chief Judicial Magistrate-V, Araria in connection with Complaint Case No. 497 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:-

‘(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.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party No. 2.

(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.

(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.’

(Prabhat Kumar Singh, J)

Navya/-

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