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Mantosh Kumar @ Mantosh Kumar Mehta v. the State of Bihar

Patna HC29 Jul 2024CR. MISC./14557/2024

Case brief

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What is this about?

Anticipatory bail petition in a dowry/cruelty case; mediation failed. The petitioner undertook to pay Rs. 3,000 per month maintenance to his wife. Bail granted on arrest or surrender within six weeks with conditions including bank deposit of maintenance and cancellation on two months' default.

What did the court decide?

Anticipatory bail granted on arrest/surrender within six weeks with bail bond of Rs. 10,000 and two sureties, subject to maintenance deposit conditions.

Mantosh Kumar @ Mantosh Kumar Mehta Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14557 of 2024

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Arising Out of PS. Case No.-103 Year-2023 Thana- MALI District- Aurangabad

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

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Mantosh Kumar @ Mantosh Kumar Mehta S/O Chhathan Mehta R/O VillageBishunpura Parsa Jain Tola, Pachhauliya Bigha, P.S- Mali, Distt.Aurangabad, Bihar.

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... ... Petitioner/s

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Versus

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The State Of Bihar

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Soni Devi W/O Mantosh Kumar @ Mantosh Kumar Mehta R/O VillageBishunpura Parsa Jain Tola, Pachhauliya Bigha, P.S- Mali, Distt.Aurangabad Bihar And Daughter Of Jai Nandan Mehta, Resident Of VillageBeri, P.S- Salaiya, Distt- Aurangabad, Bihar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Rupa Kumari, Adv. For the Opposite Party/s : Ms. Asha Kumari, APP Mr. Shailesh Kumar Singh, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 29-07-2024 Earlier, the matter was referred to Mediation Centre,

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but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag ‘B’).

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Heard the parties.

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The petitioner apprehends his arrest in connection with Mali P.S. Case No. 103 of 2023 for the offences punishable under Sections 498A and 34 of the Indian Penal Code.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party no. 2. The petitioner offers and undertakes that he is ready to

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Patna High Court CR. MISC. No.14557 of 2024(4) dt.29-07-2024 2/3

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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/- (three thousand) per month to the opposite party no. 2, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 103 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C as well as on the following conditions:-

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‘(i) 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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(ii) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the O.P. No. 2. (iii) 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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(iv) The aforementioned payment will be subject to any

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Patna High Court CR. MISC. No.14557 of 2024(4) dt.29-07-2024 3/3

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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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utkarsh/-

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U T

Mantosh Kumar @ Mantosh Kumar Mehta v. the State of Bihar

Case brief

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Mantosh Kumar @ Mantosh Kumar Mehta v. the State of Bihar

Case brief

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