Allowed

Niranjan Kumar v. The State of Bihar

Patna HC22 Jul 2024CR. MISC./12204/2024

Case brief

AI extract

What is this about?

Petitioner, apprehending arrest in dowry harassment case, offered to pay maintenance. Court granted bail on furnishing bond with sureties, conditioned on monthly maintenance deposit to wife's bank account under CrPC 438(2).

What did the court decide?

Petitioner enlarged on bail on furnishing bond of Rs. 10,000 with two sureties, subject to depositing Rs. 3,000 monthly maintenance in opposite party's savings bank account.

Niranjan Kumar Vs The State of Bihar — Domestic Violence | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12204 of 2024

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Arising Out of PS. Case No.-36 Year-2023 Thana- MAHILA P.S. District- Nawada

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

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Niranjan Kumar Son of Sri Binod Kumar @ Binod Sharma R/o MohallaVikash Nagar, Kurthoul, P.S.- Parsa Bazar, Dist.- Patna

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... ... Petitioner/s

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Versus

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The State of Bihar

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Deepa Kumari D/o Sri Sanjay Singh R/o Ram Nagar Mohalla, Ward No.-7, P.S.- Nawada Town, District- Nawada

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Deovind Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Sharma Mr.Amarnath Singh / Mr. Satya Prakash ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 22-07-2024

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Earlier, vide order dated 08.05.2024, the matter was

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referred to Mediation & Conciliation Centre of Patna High Court, but the dispute between the parties could not be resolved through the process of mediation and as such, mediation failed (Report dated 15.07.2024 is at flag ‘M’).

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Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant / opposite party no. 2.

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The petitioner, who is husband of opposite party no. 2, apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498(A), 504, 506 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

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Patna High Court CR. MISC. No.12204 of 2024(4) dt.22-07-2024 2/3

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Petitioner is alleged to have committed torture and harassment with opposite party no. 2 for dowry.

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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. 3,000/- 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. 3,000/- (Rupees three thousand) per month to the opposite 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 learned J.M.-I^st Class, Nawada in connection with Mahila P.S. Case No. 36 of 2023, 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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Patna High Court CR. MISC. No.12204 of 2024(4) dt.22-07-2024 3/3

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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

Niranjan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Niranjan Kumar v. The State of Bihar

Case brief

What is this about?

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