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Ankit Sahay v. The State of Bihar

Patna HC7 May 2024CR. MISC./22948/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438 Cr.P.C.; matrimonial dispute; cruelty; Sections 498A, 323, 406 IPC; Complaint Case No. 1320(c) of 2023; PS Bhojpur; District Bhojpur; restitution of conjugal rights; monthly maintenance undertaking Rs. 15,000; bail bonds Rs. 5,000; cancellation clause on maintenance default; CR. MISC. No. 22948 of 2024; decided 07-05-2024; Satyavrat Verma, J.; Patna High Court.

What did the court decide?

Anticipatory bail granted: on arrest or surrender within six weeks before the learned trial court, petitioner to be released on bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions; petitioner to pay monthly maintenance of Rs. 15,000/- to OP No. 2 commencing 27-05-2024; liberty reserved to OP No. 2 to seek cancellation on non-payment for two consecutive months.

Ankit Sahay 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 Complaint Case No. 1320(c) of 2023 registered for offences punishable under Sections 498A, 323 and 406 IPC, is entitled to release on anticipatory bail.

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Court's answer

In the event of the petitioner's arrest or surrender before the learned trial court within six weeks, he is to be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Ratio / Principle

OP No. 2 is at liberty to move this Court for cancellation of the anticipatory bail if the petitioner fails to deposit the agreed monthly maintenance for two consecutive months.

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Detailed headnote1 paragraphs

Anticipatory Bail — S. 438 Cr.P.C. — matrimonial dispute — husband-petitioner apprehending arrest in Complaint Case No. 1320(c) of 2023, PS Bhojpur (Complaint Case), District Bhojpur, for offences under Sections 498A, 323 and 406 IPC — petitioner had also filed a restitution of conjugal rights petition before the 13th Joint C.J.S.D and Additional C.J.M., Pune, and undertook to pay monthly maintenance of Rs. 15,000/- to the wife (OP No. 2) from 27-05-2024 — held: in the event of arrest or surrender within six weeks, petitioner to be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- with two sureties of the like amount each, subject to S. 438(2) Cr.P.C. conditions — liberty reserved to OP No. 2 to apply for cancellation of bail if monthly maintenance is not deposited for two consecutive months. (Patna High Court, Satyavrat Verma, J.; decision dated 07-05-2024.)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22948 of 2024

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Arising Out of PS. Case No.-1320 Year-2023 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur

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

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Ankit Sahay Son Of Late Ashok Sahay Resident Of Flat No 203 Mayuri Heavens Kaspatewasti Wakad Ps- Wakad District- Pune

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... ... Petitioner/s

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Versus

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The State of Bihar

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Pooja Kumari @ Puja Sahay Daughter Of Krishna Ranjan Sahay, Resident Of Village- Maulabag, PS- Ara Nawada, Distt- Bhojpur

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... ... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr.Bhaskar Shankar For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 07-05-2024

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1. Heard learned counsel for the petitioner, learned

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A.P.P. for the State, Mr. Chandra Bhushan Prasad, along with

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learned counsel appearing on behalf of OP No. 2.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 498A, 323 and 406 of the Indian Penal Code.

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3. The learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case by the complainant. It is next submitted that petitioner is willing to keep the OP No. 2 with honour and dignity. It is next submitted that petitioner also filed an application seeking restitution of his conjugal rights in the court

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Patna High Court CR. MISC. No.22948 of 2024(2) dt.07-05-2024 2/3

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of learned 13^th Joint C.J.S.D and Additional C.J.M., Pune.

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4. The learned counsel appearing on behalf of the OP No. 2 submits that the OP No. 2 has recently received the notice in the aforesaid case. It is further submitted that petitioner has tortured her to an extent where it is not possible to revive the conjugal relationship.

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5. At this stage, the learned APP, Mr. Chandra Bhushan Prasad, submits that at times emotion runs high and the parties are not willing to resolve their dispute, but then with passage of time and with intervention of well-wishers, chances of future reconciliation still remains. It is further submitted that effort of the court should be to revive the conjugal relationship, on which the learned counsel appearing on behalf of the petitioner submits that petitioner, in order to establish his bonafide, is willing to pay a monthly maintenance of Rs. 15,000/- (Fifteen thousand) to the OP No. 2 which shall commence 27-5-2024.

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6. The learned counsel for the petitioner further submits that may be with passage of time and on intervention of well-wishers, the parties may resolve their dispute amicably.

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7. The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on

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Patna High Court CR. MISC. No.22948 of 2024(2) dt.07-05-2024 3/3

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the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to forward the same to the petitioner so that the monthly maintenance commences from 27-5-2024.

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8. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 1320(c) of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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9. However, it is made clear that OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months.

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(Satyavrat Verma, J)

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SUMIT/-

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U T

Ankit Sahay v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ankit Sahay 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

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