Allowed¶26

Dheeraj Kumar v. The State of Bihar

Patna HC27 Feb 2024CR. MISC./53789/2023

Case brief

AI extract

What is this about?

Patna High Court anticipatory bail Section 498A IPC dowry demand Complaint Case No.2712(C) of 2021 Dheeraj Kumar Anuradha Kumari Anjani Kumar Sharan J 27-02-2024 bail bond Rs. 25,000 two sureties monthly payment Rs. 3,000 cancellation of bail bond District Mediation Center reconciliation one time settlement Md. Naimul Haque Ansari 2006 (3) PLJR 182

What did the court decide?

Anticipatory bail granted: release on bail in the event of arrest or surrender within six weeks on a bail bond of Rs.25,000/- with two sureties of the like amount each, subject to Section 438(2) Cr.P.C. conditions, and conditional on payment of Rs.3,000/- per month to the informant/complainant. ¶26

Dheeraj Kumar 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, who apprehends arrest in connection with the Section 498A IPC complaint (Complaint Case No.2712(C) of 2021), should be released on bail in the event of arrest or surrender.

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Court's answer

The petitioner is to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks from the date of the order.

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Ratio / Principle

Release is conditioned on furnishing a bail bond of Rs.25,000/- with two sureties of the like amount each, to the satisfaction of the learned Court below, subject to the conditions laid down under Section 438(2) Cr.P.C.

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Key takeaways

As a bail condition, the petitioner is to pay Rs.3,000/- per month to the informant/complainant in the second week of every month.ratio¶20
If the petitioner fails to pay the monthly amount for two consecutive months, the informant/complainant may move the learned Court below for cancellation of the petitioner's bail bond.ratio¶20
The aforesaid monthly payment is subject to any order passed in a matrimonial maintenance case or any other collateral proceedings.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court, Crl. Misc. No.53789 of 2023, oral order dt. 27-02-2024 (Anjani Kumar Sharan, J): petitioner facing arrest under S. 498A IPC in Complaint Case No.2712(C) of 2021 (PS Case No. 2712/2021, Patna) allowed anticipatory bail — release on arrest/surrender within six weeks on bail bond of Rs. 25,000/- with two like sureties, subject to S. 438(2) Cr.P.C.; petitioner to pay Rs. 3,000/- per month to the complainant, default in two consecutive months permitting her to seek cancellation of the bail bond; payment subject to any maintenance/collateral proceedings; complainant to furnish bank account details, else sum deposited in the Court below; either party free to seek referral to the District Mediation Center for reconciliation or one-time settlement. Judgment of this Court in Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. v. State of Bihar, 2006 (3) PLJR 182, cited by petitioner's counsel.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.53789 of 2023

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Arising Out of PS. Case No.-2712 Year-2021 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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DHEERAJ KUMAR Son of Surendra Sharma Resident of Village-Birupur, P.S.-Ghoshi, District-Jehanabad

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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ANURADHA KUMARI Daughter of Mukesh Kumar Resident of Lodipur, P.S.-Telhara, District-Nalanda. At present residing at Ganga Vihar Colony, P.S.-Beur, District-Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Surya Swetabh For the Opposite Party/s: Mr. Ramesh Chandra Mr. Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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4 27-02-2024

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Heard learned counsel for the for the petitioner, learned

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counsel for the complainant and learned APP for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

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Petitioner, who is husband of informant/complainant, is said to have ousted her from the matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the petitioner that the petitioner is an innocent person and has committed no offence. Petitioner has neither made any dowry demand nor

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Patna High Court CR. MISC. No.53789 of 2023(4) dt.27-02-2024 2/3

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drove her out of her matrimonial home nor tormented her over the demand of dowry. The petitioner has relied upon the judgment of this Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar , reported in 2006 (3) PLJR 182 .

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In that view of the matter, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Complaint Case No.2712(C) of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3000.00 (Rupees Three Thousand) per month to the informant/complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, informant/complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

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It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial mainte-

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Patna High Court CR. MISC. No.53789 of 2023(4) dt.27-02-2024 3/3

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nance case or any other collateral proceedings.

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Learned counsel for the complainant is directed to furnish the bank account details of the complainant in the learned Court below. If she fails to furnish the same, the aforesaid amount will be deposited in the learned Court below which will be released in favour of the complainant after she furnishes her bank account details.

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If so advised, either of the parties will be at liberty to make an application before the learned Court below for referring the matter to the District Mediation Center for the purpose of reconciliation or one time settlement.

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Accordingly, this application is allowed.

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(Anjani Kumar Sharan, J)

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shikha/-

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U T

Dheeraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Dheeraj Kumar v. The State of Bihar

Case brief

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What the court decided

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