Allowed¶20

Anil Kumar Roy v. The State of Bihar

Patna HC9 Jul 2024CR. MISC./15621/2024

Case brief

AI extract

What is this about?

Anticipatory bail under section 438 CrPC granted on maintenance undertaking — Patna High Court, CR. MISC. No.15621 of 2024, oral order dt. 09-07-2024 (Prabhat Kumar Singh, J.); offences under Sections 341, 323, 498A IPC; PS Case No. 35 of 2023, Mahila P.S., Saran; bail bond Rs. 10,000/- with two like sureties; condition to pay Rs. 3000/- per month maintenance to informant-wife via her savings bank account; bail-bond cancellable on default of two consecutive months; payments subject to matrimonial/maintenance proceedings; earlier mediation (referred 21.03.2024) failed.

What did the court decide?

Anticipatory bail granted subject to section 438(2) CrPC conditions and additional conditions, including monthly payment of Rs. 3000/- maintenance to the informant by deposit in her savings bank account. ¶20

Anil Kumar Roy Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, the husband of the informant, apprehending arrest in PS Case No. 35 of 2023 (Mahila P.S., Saran) registered for offences punishable under Sections 341, 323 and 498A of the Indian Penal Code, should be enlarged on anticipatory bail subject to conditions including payment of monthly maintenance to the informant.

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Court's answer

Anticipatory bail granted: in the event of arrest/surrender within six weeks, the petitioner is to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the Sub-Divisional Judicial Magistrate, Saran at Chapra, in connection with Chapra Mahila P.S. Case No. 35 of 2023.

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Ratio / Principle

The enlargement on bail is made subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as the additional conditions specified in the order.

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Key takeaways

Condition (1): the informant is to file an affidavit before the court below bringing on record her savings bank account number, for communication to the petitioner.ratio¶21
Condition (2): as a condition of bail, the petitioner is to deposit the monthly maintenance amount of Rs. 3000/- (offered pursuant to his undertaking through counsel) in the savings bank account of the informant.ratio¶22
Condition (3): failure by the petitioner to deposit the maintenance amount for two consecutive months entitles the court below to cancel the bail-bond.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Prabhat Kumar Singh, J.), oral order dated 09-07-2024 in Criminal Miscellaneous No. 15621 of 2024 arising out of PS Case No. 35 of 2023, Mahila P.S., Saran. Petitioner Anil Kumar Roy, husband of the informant, apprehended arrest for offences punishable under Sections 341, 323, 498A IPC. On the undertaking of petitioner's counsel that he would pay maintenance of Rs. 3000/- per month to the informant starting from the current month, the court ordered that, in the event of arrest/surrender within six weeks, the petitioner be enlarged on bail on a bail bond of Rs. 10,000/- with two sureties of like amount to the satisfaction of the Sub-Divisional Judicial Magistrate, Saran at Chapra, subject to section 438(2) CrPC conditions and further conditions: (i) informant to disclose her savings bank account number by affidavit before the court below; (ii) petitioner to deposit the Rs. 3000/- monthly maintenance therein; (iii) failure to deposit for two consecutive months entitles the court below to cancel the bail-bond; (iv) payments subject to any order in matrimonial, maintenance or connected proceedings, without precluding other settlement of the issue. An earlier reference to mediation (order dated 21.03.2024) had failed as per the Mediator's Report (flag 'M').

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15621 of 2024

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Arising Out of PS. Case No.-35 Year-2023 Thana- MAHILA P.S. District- Saran

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

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Anil Kumar Roy Son of Dina Nath Roy Resident of Village- Gangoi (Shanti Bhawan), P.S.- Bheldi, Dist.- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Tejpratap Singh, Advocate For the State : Mr. Harendra Prasad, A.P.P. For the Informant : Mr. Utpal Kant, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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3 09-07-2024

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Earlier, vide order dated 21.03.2024, the matter was

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referred to the Mediation and Conciliation Centre, Patna High Court, Patna, but as per the Mediator’s Report (flag ‘M’), the mediation has failed.

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Heard learned counsel for the parties.

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The petitioner who is husband of the informant

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apprehends arrest in a case registered for the offences punishable under Sections 341, 323, 498A of the Indian Penal Code.

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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 the informant.

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Patna High Court CR. MISC. No.15621 of 2024(3) dt.09-07-2024 2/3

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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. 3000/- (three thousand) per month to the informant, 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, Saran at Chapra in connection with Chapra Mahila P. S. Case No. 35 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

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‘(1) The informant 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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(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the informant.

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(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.

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(4) The aforementioned payment will be subject to

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Patna High Court CR. MISC. No.15621 of 2024(3) dt.09-07-2024 3/3

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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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Navya/- U T

Anil Kumar Roy v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Kumar Roy v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

Issues for consideration

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