Md. Danish v. The State of Bihar
Case brief
What is this about?
Anticipatory bail; Section 438 CrPC; husband seeking pre-arrest bail in dowry/matrimonial cruelty case (Sections 498A/34 IPC; Sections 3 & 4 Dowry Prohibition Act); Majhaulia Police Station Case No. 320 of 2023, West Champaran; mediation unsuccessful (report dated 6.8.2024); bail granted on condition of monthly maintenance payment of Rs. 3,000 to wife through her disclosed savings bank account; default for two consecutive months permits cancellation of bail bond; payments subject to matrimonial/maintenance proceedings; Patna High Court, Cr. Misc. No. 13201 of 2024, decided 08-08-2024, Prabhat Kumar Singh, J.
What did the court decide?
Anticipatory bail granted: petitioner to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran in Majhaulia Police Station Case No. 320 of 2023, subject to section 438(2) CrPC conditions and further conditions requiring disclosure of opposite party no. 2's bank account and monthly deposit of Rs. 3000/- maintenance, failing which for two consecutive months the court below may cancel the bail bond.