Disposed

Shiv Shankar Mukhiya v. The State of Bihar

Patna HC10 Jul 2024CR. MISC./13934/2024

Case brief

AI extract

What is this about?

A husband apprehending arrest in a complaint case under Sections 323, 498A and 494/34 IPC was granted bail conditioned on paying Rs. 3000 monthly maintenance to his wife into her bank account, with cancellation possible after two months' non-payment.

What did the court decide?

Anticipatory-style bail on Rs. 10,000 bond with two sureties, conditional on monthly maintenance deposits of Rs. 3000 to opposite party No. 2's account.

Shiv Shankar Mukhiya Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13934 of 2024

¶2

Arising Out of PS. Case No.-114 Year-2022 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga

¶3

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

¶4

Shiv Shankar Mukhiya Son Of Umesh Mukhiya Village- Lahta, Ps- Alinagar, Dist- Darbhanga

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Manju Devi Daughter Of Jibachh Mukhiya Village- Galma, PsGhanshyampur, Distt- Darbhanga

¶9

... ... Opposite Party/s

¶10

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

¶11

Appearance :

¶12

For the Petitioner/s : For the Opposite Party/s :

¶13

Mr. Kanchan Jha, Advocate Mr. Umeshanand Pandit, A.P.P. Mr. Uttam Sahu, Advocate

¶14

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

¶15

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶16

4 10-07-2024 Heard learned counsel for the parties.

¶17

The petitioner who is husband of opposite party No. 2 apprehends arrest in a case registered for the offences punishable under Sections 323, 498A, 494/34 of the Indian Penal Code.

¶18

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.

¶19

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

¶20

Patna High Court CR. MISC. No.13934 of 2024(4) dt.10-07-2024 2/2

¶21

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 Sub-Divisional Judicial Magistrate, Biraul, Darbhanga in connection with C.R. No. 114 of 2022 arising out of T.R. No. 3306 of 2022 of 2020, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

¶22

‘(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.

¶23

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

¶24

(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.

¶25

(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.’

¶26

(Prabhat Kumar Singh, J)

¶27

Navya/-

¶28

U T

Shiv Shankar Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Shankar Mukhiya v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vikash Sharma Vs The State of Bihar

Bimal Kumar Bharti Vs The State of Bihar

Mukesh Manjhi @ Mukesh Kumar Vs The State of Bihar

Rina Tudu @ Rani Tudu Vs The State of Bihar

Mithilesh Mandal Vs The State of Bihar

Peeyush Pratik Vs The State of Bihar