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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail in the event of arrest/surrender within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bagaha, West Champaran, subject to Section 438(2) Cr.P.C. conditions and further conditions including monthly deposit of Rs. 5,000/- maintenance in the informant/Opposite Party No. 2's savings bank account.

Issue for consideration

Whether the petitioner, apprehending arrest in Naurangia P.S. Case No. 66 of 2023 registered for offences under Sections 498A, 323, 307, 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act, should be enlarged on anticipatory bail.

Court's answer

Petitioner enlarged on bail (anticipatory bail) in the event of arrest/surrender within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bagaha, West Champaran, in connection with Naurangia P.S. Case No. 66 of 2023, subject to conditions under Section 438(2) Cr.P.C.

Ratio / Principle

Bail made conditional on the petitioner paying maintenance of Rs. 5,000/- per month to informant/Opposite Party No. 2, to be deposited monthly in her savings bank account; failure to deposit for two consecutive months entitles the court below to cancel the bail bond.

Key takeaways

The maintenance payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the order does not preclude the parties from resolving the issue otherwise.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail - husband apprehending arrest in Naurangia P.S. Case No. 66 of 2023 (West Champaran) for offences under Sections 498A, 323, 307, 504 IPC and Sections 3 and 4 of the Dowry Prohibition Act, alleging torture and harassment of wife/informant over unmet dowry demand - counsel's undertaking that petitioner would pay Rs. 5,000/- per month maintenance to informant/Opposite Party No. 2 - petitioner enlarged on bail on bond of Rs. 10,000/- with two like sureties to the satisfaction of A.C.J.M.-II, Bagaha, subject to Section 438(2) Cr.P.C. and further conditions: informant to file affidavit disclosing her savings bank account; maintenance to be deposited monthly therein; failure to deposit for two consecutive months empowers the court below to cancel the bail bond; payments subject to any order in matrimonial, maintenance or connected proceedings, without precluding amicable resolution.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5612 of 2024

Arising Out of PS. Case No.-66 Year-2023 Thana- NAURANGIA District- West Champaran

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

Amit Kumar @ Amit Son of Late Parasnath Kaji R/o vill - Majhaua, P.S. - Laukariya, Distt. - West Champaran

... ... Petitioner/s

Versus

The State of Bihar

Menka Kumari W/o Amit Kumar, D/o Ramvriksh Mahto R/o vill - Kataiya, P.S. - Naurangia, (Bagaha), Distt. - West Champaran

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Sanjeev Kumar, Advocate For the State : Mr. Arun Kumar, APP For Opposite Party No.2 : Mr. Sharad Kumar Verma, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 05-08-2024

Heard learned counsels for the parties.

The petitioner, husband of the informant/Opposite

Party No. 2, apprehends his arrest in a case registered for the offence punishable under Sections 498A, 323, 307 and 504 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

As per complaint case, this petitioner is alleged to have committed torture and harassment with the informant/Opposite Party No. 2 due to non-fulfillment of demand of dowry.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 5,000/-

Patna High Court CR. MISC. No.5612 of 2024(4) dt.05-08-2024 2/3

(five thousand rupees) per month, starting from this month, to informant/Opposite Party No. 2.

In view of the undertaking of learned counsel for the petitioner that petitioner is ready to give maintenance amount of Rs. 5,000/- (five thousand rupees) per month to informant/Opposite Party No. 2 , in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Bagaha, West Champaran, in connection with Naurangia P.S. Case No. 66 of 2023, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

“(A.) Informant/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.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the informant/Opposite Party No. 2 .

(C.) 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.

(D.) The aforementioned payment will be subject to any order passed in matrimonial, maintenance or connected proceedings. The present

Patna High Court CR. MISC. No.5612 of 2024(4) dt.05-08-2024 3/3

order, in no way, will preclude the parties to resolve the issue otherwise.”

(Prabhat Kumar Singh, J)

shashank/-

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