Disposed

Avinash Kumar @ Avinsh Kumr v. the State of Bihar

Patna HC7 Mar 2024CR. MISC./1560/2024

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a dowry case alleging he ousted his wife over dowry demand. The court granted bail on furnishing bonds, subject to CrPC Section 438(2), with a condition of monthly payment to the wife and liberty for mediation.

What did the court decide?

Anticipatory bail granted on Rs.25,000 bond with two sureties, subject to Section 438(2) CrPC and monthly payment of Rs.3,000 to opposite party no.2.

Avinash Kumar @ Avinsh Kumr Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1560 of 2024

¶2

Arising Out of PS. Case No.-1248 Year-2021 Thana- GAYA COMPLAINT CASE DistrictGaya

¶3

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

¶4

AVINASH KUMAR @ AVINSH KUMR S/O SUSHIL SINGH R/O PVT. HOUSE, ARJUN ROAD, B.V.I.T. GOUSHALA, SINDRI P.S- SINDRI, DISTT.- DHANBAD ( JHARKHAND).

¶5

Versus

¶6

THE STATE OF BIHAR BIHAR

¶7

PRIYANKA KUMARI W/O AVINASH KUMAR @ AVINSH KUMR AND D/O ASHOK KUMAR R/O RORABAG CHAURANGI MORE, GAUSHALA, SINDRI, P.S- SINDRI, POST- MOTINAGAR, DISTT.DHANBAD (JHARKHAND) AND PRESENT ADDRESS AT VILLAGEMANKOSHI, P.S- BODH GAYA, DISTT.- GAYA.

¶8

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s : Mrs. Suman Kumari Singh, APP For the O.P. No.2 : Mr. Rabindra Kumar Priyadarshi, Advocate

¶11

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

¶12

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶13

3 07-03-2024 Heard learned counsel for the petitioner and learned

¶14

APP for the State but in spite of valid service of notice none is present on behalf of opposite party no.2.

¶15

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A/34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act.

¶16

Petitioner, who is husband of opposite party no.2, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

¶17

Patna High Court CR. MISC. No.1560 of 2024(3) dt.07-03-2024 2/3

¶18

It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs.

¶19

The State of Bihar , reported in 2006 (3) PLJR 182 .

¶20

In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.1248/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶21

Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to the opposite party no.2 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.2 shall be at liberty to move before the learned Court below

¶22

Patna High Court CR. MISC. No.1560 of 2024(3) dt.07-03-2024 3/3

¶23

for cancelling the bail bond of the petitioner.

¶24

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

¶25

Learned counsel for the opposite party no.2 is directed to make available the bank account details of opposite party no.2 in the learned Court below.

¶26

If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

¶27

Accordingly, this application stands disposed

¶28

of.

¶29

(Anjani Kumar Sharan, J)

¶30

Trivedi/-

¶31

U T

Avinash Kumar @ Avinsh Kumr v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Avinash Kumar @ Avinsh Kumr 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

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ravi Prakash Vs The State of Bihar

Pramod Kumar, Vs The State of Bihar

Suryadeo Vs The State of Bihar

Pintu Kumar @ Laljee @ Lala Jee Vs The State of Bihar

Dadan Ram Vs The State of Bihar

Yudhvir @ Yudhveer Vs The State of Bihar