Allowed¶19

Md. Wakil Ansari v. The State of Bihar

Patna HC25 Jul 2024CR. MISC./18791/2024

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail (CR. MISC. No. 18791 of 2024, decided 25-07-2024, Prabhat Kumar Singh, J); Section 438 CrPC relief conditioned on monthly maintenance payment of Rs. 3,000 to wife; offences under Section 498A IPC and Section 4 Dowry Prohibition Act; mediation failed; Sub-Divisional Judicial Magistrate, Samastipur; bail-bond cancellation clause for default of two consecutive monthly deposits.

What did the court decide?

Anticipatory bail: in the event of arrest or surrender before the learned court below within six weeks, on bail bond of Rs.10,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C conditions and further conditions including deposit of Rs. 3,000/- per month maintenance in the savings bank account of opposite party no. 2. ¶19

Md. Wakil Ansari Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Tr. No. 2831 of 2023 arising out of Complaint Case No. 831 of 2023 under Section 498A IPC and Section 4 of the Dowry Prohibition Act, should be released on anticipatory bail, and on what conditions.

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned court below within six weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Samastipur, subject to the conditions under Section 438(2) Cr.P.C.

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Ratio / Principle

Bail conditioned on the petitioner depositing the monthly maintenance amount in the savings bank account of O.P. No. 2 (account number to be disclosed by affidavit); failure to deposit for two consecutive months entitles the Court below to cancel the bail-bond.

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Key takeaways

The maintenance payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order does not preclude the parties from resolving the issue otherwise.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail granted to the husband-petitioner apprehending arrest in Tr. No. 2831 of 2023 arising out of Complaint Case No. 831 of 2023 under Section 498A IPC and Section 4 of the Dowry Prohibition Act (Samastipur). Bail bond of Rs.10,000/- with two sureties of the like amount, subject to Section 438(2) Cr.P.C conditions, with the additional condition that the petitioner pay Rs. 3,000/- per month maintenance to opposite party no. 2 (his wife) by deposit into her savings bank account (account number to be disclosed on affidavit); failure to deposit for two consecutive months entitles the Court below to cancel the bail-bond. Payments are subject to any order in matrimonial, maintenance or connected proceedings. Earlier mediation between the parties had failed.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18791 of 2024

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Arising Out of PS. Case No.-831 Year-2022 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur

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

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Md. Wakil Ansari S/o Late Md. Sayum Ansari Resident of village Harpur Shyam PS Khanpur District Samastipur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Rehana Khatoon W/o Md. Wakil Ansari R/o vill - Harpur Shyam, P.s. - Khanpur, Dist. - Samastipur, Presently R/o vill - Daulatpur, ward no. 1, P.O. - Shekhopur, P.s. - Warisnagar (Mathurapur O.P), Distt. - Samastipur

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Bijay Bhushan Prasad, Adv. For the Opposite Party/s : Mr. Dinesh Singh, APP Mr. S. Kumar, Adv. Mr. Hafiz Shahbaz Arif, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 25-07-2024

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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 ‘M’).

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Heard the parties.

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The petitioner apprehends his arrest in connection with Tr. No. 2831 of 2023 arising out of Complaint Case No. 831 of 2023 registered under Section 498A of the Indian Penal Code and Section 4 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.18791 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 SubDivisional Judicial Magistrate, Samastipur in connection with Tr. No. 2831 of 2023 arising out of Complaint Case No. 831 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.18791 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

Md. Wakil Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Md. Wakil Ansari v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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