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

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

What the court decided

AI extract

Outcome

Petitioner enlarged on bail while apprehending arrest, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, District-Patna / concerned court in connection with Saksohra P.S. Case No. 112 of 2022, subject to section 438(2) CrPC conditions and four additional conditions centring on monthly deposit of Rs. 3,000/- maintenance in the savings bank account of opposite party no. 2.

Issue for consideration

Whether the petitioner, who apprehends arrest in Saksohra P.S. Case No. 112 of 2022 (offences under Sections 341, 323, 498A, 504/34 IPC and Section 3/4 Dowry Prohibition Act), should be enlarged on bail. +1 more

Court's answer

The petitioner is enlarged on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned S.D.J.M., Barh, District-Patna / concerned court, in connection with Saksohra P.S. Case No. 112 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Ratio / Principle

Condition (1) of bail: opposite party no. 2 is to file an affidavit before the court below bringing on record her savings bank account number for its communication to the petitioner.

Key takeaways

Condition (2) of bail: the petitioner is to deposit the monthly maintenance amount in the savings bank account of opposite party no. 2.ratio¶21
Condition (3) of bail: if the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail-bond.ratio¶22
Condition (4) of bail: the maintenance payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order does not preclude the parties from resolving the issue otherwise.

Detailed headnote1 paragraphs

Anticipatory/pre-arrest bail granted by Patna High Court (Cr. Misc. No. 58734 of 2023, oral order dt. 24-06-2024, Prabhat Kumar Singh, J.) to a husband apprehending arrest in Saksohra P.S. Case No. 112 of 2022 (District Patna), registered for offences under Sections 341, 323, 498A, 504/34 IPC and Section 3/4 Dowry Prohibition Act, arising from alleged dowry torture and harassment of his wife (informant/opposite party no. 2). Bail ordered on a bond of Rs. 10,000/- with two like sureties to the satisfaction of S.D.J.M., Barh / concerned court, subject to section 438(2) CrPC conditions and four additional conditions: (i) opposite party no. 2 to file an affidavit disclosing her savings bank account number; (ii) petitioner to deposit Rs. 3,000/- per month maintenance therein; (iii) default for two consecutive months entitles the court below to cancel the bail-bond; (iv) payments subject to any order in matrimonial, maintenance or connected proceedings, the order not precluding the parties from resolving the issue otherwise.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58734 of 2023

Arising Out of PS. Case No.-112 Year-2022 Thana- SAKSOHRA District- Patna

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

Chakrawarti Kumar @ Chakarvarti kumar son of Late Rambriksh Paswan Village- Kaima Ps- Saksohra Dist- Patna

... ... Petitioner/s

Versus

The State of Bihar

Soni Kumari W/o Chakarvarti Kumar R/o vill - Kaima, P.S. - Saksohra, Distt. - Patna

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Manoj Kumar Pandey For the Opposite Party/s : Mr.Md. Iftekhar Mahmood Mr.Nityanand ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

4 24-06-2024

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for opp. party no. 2.

The petitioner who is husband of informant/ opposite party no. 2, apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 498A, 504/34 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act.

Petitioner is alleged to have committed torture and harassment to opposite party no. 2 for dowry.

Learned counsel for the petitioner submits that the petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3,000/- per month, starting from this

Patna High Court CR. MISC. No.58734 of 2023(4) dt.24-06-2024 2/3

month, to 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. 3,000/- (three thousand) per month to the opposite party no. 2, in the event of arrest/surrender within a period of six weeks from today, let the above-named petitioner 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 S.D.J.M., Barh, District - Patna / concerned court in connection with Saksohra P.S. Case No. 112 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure as well as on the following conditions:-

“(1) 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.

(2) Petitioner would deposit the aforesaid maintenance amount per month in the savings bank account of the opposite party no. 2.

(3) 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.

(4) The aforementioned payment will be subject to

Patna High Court CR. MISC. No.58734 of 2023(4) dt.24-06-2024 3/3

any order passed in matrimonial, maintenance or connected proceedings. The present order, in no way, will preclude the parties to resolve the issue otherwise.”

(Prabhat Kumar Singh, J)

anay

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