Allowed

Prakash Kumar @ Prakash Prasad Srivastava v. The State of Bihar

Patna HC25 Jul 2024CR. MISC./15568/2024

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to the petitioner in a complaint under 498A IPC and Dowry Prohibition Act. Bail was subject to an undertaking to pay Rs. 3000 monthly maintenance, depositing funds in the wife's account, and making an Ichbatt affidavit disclosing her savings account number for traceability.

What did the court decide?

Anticipatory bail granted subject to undertakings to pay monthly maintenance and maintain accounts with the complainant.

Prakash Kumar @ Prakash Prasad Srivastava Vs The State of… — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15568 of 2024

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Arising Out of PS. Case No.-15 Year-2023 Thana- MAHILA PS District- East Champaran

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Prakash Kumar @ Prakash Prasad Srivastava Son of Vinay Prasad Srivastava @ Vinay Prasad Verma R/o Village- Champapur Bakhari, P.S.- Patahi, District- East Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar

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Sushma Kumari @ Sushma Kumari Shrivastava D/o Rajesh Kumar Srivastava R/o Village- Lala Tola Laukhan, P.S.- Ghorasahan, Dist.- East Champaran

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Sucheta Yadav, APP Mr. Abhishek Kumar, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 25-07-2024 Earlier, the matter was referred to Mediation Centre, but the dispute between the parties could not be settled through the process of mediation and as such, mediation failed (report at flag ‘C’).

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Heard the parties.

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The petitioner apprehends his arrest in connection with East Champaran Mahila P.S. Case No. 15 of 2023 registered under Sections 498A, 323, 341, 34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party

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Patna High Court CR. MISC. No.15568 of 2024(4) dt.25-07-2024 2/3

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no. 2. 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/- (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, Motihari, East Champaran in connection with East Champaran Mahila P.S. Case No. 15 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.

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(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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Patna High Court CR. MISC. No.15568 of 2024(4) dt.25-07-2024 3/3

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(iv) The aforementioned payment will be subject to

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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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utkarsh/-

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U T

Prakash Kumar @ Prakash Prasad Srivastava v. The State of Bihar

Case brief

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Prakash Kumar @ Prakash Prasad Srivastava v. The State of Bihar

Case brief

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