Allowed

Rohit Kumar @ Rohit Rai v. the State of Bihar

Patna HC12 Jul 2024CR. MISC./18603/2024

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail in a case involving IPC and DP Act offences arising from matrimonial disputes. The court noted mediation had resolved part of the dispute and accepted an undertaking to pay monthly maintenance. Anticipatory bail was granted subject to conditions regarding maintenance payment and bail bond execution.

What did the court decide?

Anticipatory bail granted for 6 weeks, subject to furnishing bail bond of Rs. 10,000 with two sureties and monthly maintenance payment of Rs. 4,000.

Rohit Kumar @ Rohit Rai Vs the State of Bihar — Domestic Violence | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18603 of 2024

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Arising Out of PS. Case No.-445 Year-2023 Thana- DARIYAPUR District- Saran

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

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ROHIT KUMAR @ ROHIT RAI SON OF RAMA NAND SINGH Resident of Parsauna, Saran, P.S. - Parsa, District - Saran, Bihar - 841219

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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NEETU KUMARI WIFE OF ROHIT RAI Resident of Village - Barwae, P.S. - Dariyapur, District - Saran, Bihar - 841219

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sujit Kumar , Advocate For the Opposite Party/s : Mr. Madan Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 12-07-2024

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1 . Heard learned counsel for the petitioner, the

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State and the opposite party no.2.

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The petitioner who is husband of opposite party no.

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2 apprehends arrest in a case registered for the offence punishable under Sections 341 , 323 , 324, 427, 498 (A) and 34 of the Indian Penal Code and 3/ 4 of the D. P Act.

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3 . Learned counsel for the petitioner submits dispute between the parties has been resolved through the process of mediation vide mediation report dated 27.05.2024 . It is further submitted that after mediation , petitioner had gone to the house of the opposite party No. 2 to take him to her matrimonial house but opposite party No. 2 denied to go with him. However,

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Patna High Court CR. MISC. No.18603 of 2024(5) dt.12-07-2024 2/3

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the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 4000/-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. 4000/- per month, in the event of arrest/surrender within a period of six weeks from today, 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 the learned Chief Judicial Magistrate , Saran at Chapra in connection with Dariyapur PS Case No. 445 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) Opposite party no. 2 would file an affidavit before the court below and bring on record her saving 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 saving bank account of the opposite party no. 2.

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(3) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court

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Patna High Court CR. MISC. No.18603 of 2024(5) dt.12-07-2024 3/3

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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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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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Koushik/-

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U T

Rohit Kumar @ Rohit Rai v. the State of Bihar

Case brief

What is this about?

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Rohit Kumar @ Rohit Rai v. the State of Bihar

Case brief

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What did the court decide?

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