Allowed

Elexan @ Election v. The State of Bihar

Patna HC20 Jun 2024CR. MISC./21752/2023

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to the petitioner in a criminal case for punishable 498A IPC and dowry acts. Bail was conditioned upon the petitioner undertaking to pay Rs. 3000/- monthly maintenance to the opposite party no. 2 directly into her savings account.

What did the court decide?

Enlarged appellant on bail on providing bond of Rs. 10,000/- with two sureties of similar amount and undertaking to pay Rs. 3000/- monthly maintenance to opposite party no. 2.

Elexan @ Election Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21752 of 2023

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Arising Out of PS. Case No.-1306 Year-2021 Thana- KATIHAR COMPLAINT CASE District- Katihar

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

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ELEXAN @ ELECTION S/O MAKSOOD ALAM Resident of VillageChhatarak @ Chetra, P.S.- Harish Chandrapur, District- Malda (West Bengal).

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... ... Petitioner/s

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Versus

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The State of Bihar

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LIPI KHATOON W/O ELECTION, D/O ASHGAR Resident of VillageDhoom Nagar, P.S.- Azamnagar, District- Katihar.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok, Advocate For the Opposite Party/s : Mr.Abhay Kumar Roy, Addl Public Prosecutor Mr. Abdul Wadood, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH

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ORAL ORDER

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5 20-06-2024

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Heard learned counsel for the petitioner, the State and the opposite party no.2.

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The petitioner, who is husband of opposite party no.2, apprehends arrest in a case registered for the offence punishable under Section 498A of the IPC and sections 3 & 4 of the Dowry Prohibition Act.

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It is submitted by 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 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. 3000/- 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

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Patna High Court CR. MISC. No.21752 of 2023(5) dt.20-06-2024 2/2

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thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate Katihar in Complaint Case No. 1306/2021, 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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(i) 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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(ii) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the opposite party no.2.

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s (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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(iv) The aforementioned payment will be subject to 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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shashi/-

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U T

Elexan @ Election v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Elexan @ Election v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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