In an anticipatory bail application arising from a dowry and cruelty case, the court granted bail subject to the condition that the petitioner pays monthly maintenance to the spouse.
Bail granted on security of Rs.10,000 with two sureties of similar amount, conditioned upon payment of monthly maintenance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20098 of 2024
Arising Out of PS. Case No.-246 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur
======================================================
Karunesh Mishra son of Arvind Mishra H.No-45, Gali No-6, Fafrana Basti Lakshmi Nagar Ps- Modi Nagar Dist- Ghaziabad, U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Gyanendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP Mr. Anuj Kumar, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
3 19-09-2024
learned APP for the State and the learned counsel appearing on behalf of the O.P. No.2.
Patna High Court CR. MISC. No.20098 of 2024(3) dt.19-09-2024 2/4
submits that both petitioner and the O.P. No.2 are suffering from some issues on account of which there are problem in conceiving. It is also submitted that O.P. No.2 has consulted a doctor at Patna who has advised her to get the treatment done along with the petitioner, but then petitioner is not ready. It is also submitted that petitioner had filed a divorce case at Ghaziabad, but the same now stands transferred to the district of Muzaffarpur by order of Hon’ble the Supreme Court. It is also submitted that an attempt was made before the Mediation Center of the Hon’ble the Supreme Court for resolving their dispute, but then the mediation failed.
Patna High Court CR. MISC. No.20098 of 2024(3) dt.19-09-2024 3/4
behalf of the petitioner submits that petitioner was not aware of pendency of any maintenance case, but since it has come to the notice of the learned counsel, it is submitted that the same will be communicated to the petitioner, so that he appears in the maintenance case.
Patna High Court CR. MISC. No.20098 of 2024(3) dt.19-09-2024 4/4
Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Judicial Magistrate, Ist (East), Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No.246 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Satyavrat Verma, J)
Prakash Narayan U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a maintenance-related matter pending with the wife.
Whether conditions regarding maintenance payment should be imposed as a precondition for granting bail.
1 provisions across 1 enactments
Karunesh Mishra
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
