Allowed

Damodar Das v. The State of Bihar

Patna HC25 Jul 2024CR. MISC./25930/2024

Case brief

AI extract

What is this about?

Husband sought anticipatory bail in a complaint case under IPC Sections 341, 379, 323, 498A, 504 and 506. The court granted pre-arrest bail on his undertaking to pay Rs. 3,000 per month maintenance to the wife, with conditions including bank deposit and cancellation for two months' default.

What did the court decide?

Anticipatory bail on furnishing bail bond of Rs.10,000 with two sureties, conditioned on payment of Rs.3,000 per month maintenance to opposite party no.2.

Damodar Das Vs The State of Bihar — Maintenance and Alimony | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25930 of 2024

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Arising Out of PS. Case No.-282 Year-2022 Thana- AURANGABAD COMPLAINT CASE District- Aurangabad

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

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Damodar Das Son of Uttam Chandra Das Resident of vill.-Pidho, P.S.-Karpi, Distt.-Jehanabad

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... ... Petitioner/s

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Versus

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The State of Bihar

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Kisha Kumari D/O Baleshwar Ram Present Address-Village-Anchha, P.S.Daudnagar, Distt.-Aurangabad.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dwij Raj, Adv. For the Opposite Party/s : Ms. Meena Singh, APP Ms. Mukul Kumari, Adv. ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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4 25-07-2024 Heard the parties.

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The petitioner apprehends his arrest in connection with Complaint Case No. 282 of 2022 registered under Sections 341, 379, 323, 498A, 504 and 506 of the Indian Penal Code.

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Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the Opposite party 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.

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2, in the event of arrest or surrender before the learned court

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Patna High Court CR. MISC. No.25930 of 2024(4) dt.25-07-2024 2/2

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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 Judicial Magistrate-I, Daudnagar, Aurangabad in connection with Complaint Case No. 282 of 2022, 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. (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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utkarsh/-

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U T

Damodar Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Damodar Das v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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