Disposed

Praveen Kumar v. The State of Bihar

Patna HC20 Feb 2024CR. MISC./6159/2024

Case brief

AI extract

What is this about?

Husband facing arrest in a Patna complaint case for dowry-related offences (IPC 323, 504, 498A, 34) sought anticipatory bail. Court released him on arrest or surrender with bail bond of Rs.25,000 plus two sureties, conditioned on monthly payments of Rs.5,000 to the complainant and Section 438(2) conditions.

What did the court decide?

Release on arrest/surrender on Rs.25,000 bond plus two sureties; conditional Rs.5,000/month payments to complainant; option of mediation referral.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6159 of 2024

¶2

Arising Out of PS. Case No.-5219 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna

¶3

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

¶4

PRAVEEN KUMAR S/O GOPAL PRASAD Resident of Govind Mitra Road, Beni Madhav lane, P.S- PirBahore, Distt.- Patna.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar

¶8

Rimpi Kumari W/O Praveen Kumar, D/O Ashok Prasad R/O Postal Park Road No. 1, Adarsh Vikash School

¶9

... ... Opposite Party/s

¶10

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

¶11

Appearance :

¶12

For the Petitioner/s : Mr.Satrudhan Kumar, Adv. For the Opposite Party/s : Mr.Rajiv Nayan, APP. Mr. Rahul Kumar, Adv.

¶13

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

¶14

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

¶15

2 20-02-2024

¶16

Heard learned counsels for the parties.

¶17

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 504, 498A, 34 of the Indian Penal Code.

¶18

Petitioner, who is husband of complainant, is said to have tortured upon her physically and mentally and ousted her from the matrimonial home in association of his family members over the dowry demand.

¶19

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 drove her out of her matrimonial home nor tormented her over

¶20

Patna High Court CR. MISC. No.6159 of 2024(2) dt.20-02-2024 2/3

¶21

the demand of dowry. It is further submitted that prior to the present case, the complainant lodged a case i.e. Mahila P.S. Case No. 140 of 2019 against the petitioner and others and in that case, after investigation, final form was submitted against the petitioner and learned Court below accepted the final form. Thereafter, only with a view to harass the petitioner, she has filed the present case against him. Petitioner has three criminal antecedents as evident from para 3 of the bail application.

¶22

Learned APP for the State as well as learned counsel for the complainant opposed the prayer for bail.

¶23

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. 5219 (C) of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

¶24

Petitioner is ready to pay Rs.5,000.00 (Rupees Five Thousand) per month to the complainant in the second week of every month. If the petitioner fails to pay the aforesaid amount

¶25

Patna High Court CR. MISC. No.6159 of 2024(2) dt.20-02-2024 3/3

¶26

on two consecutive months, complainant shall be at liberty to move before the learned Court below for cancelling the bail bond of the petitioner.

¶27

It goes without saying that the aforesaid payment shall be subject to any order being passed in matrimonial maintenance case or any other collateral proceedings.

¶28

Learned counsel for the complainant is directed to furnish the bank account details of the complainant. 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.

¶29

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.

¶30

With the aforesaid observation and direction, this application stands disposed of.

¶31

(Anjani Kumar Sharan, J)

¶32

divyanshi/-

Praveen Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Praveen Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nirendra kumar Vs The State of Bihar

Smt. Renu Ravi Vs The State of Bihar and Ors.

Iftakhar ahmad Vs The State of Bihar and Ors.

Abul Kalam Vs The State of Bihar

Upendra Choudhary @ Upendra Yadav Vs The State of Bihar

Viveka Nand Pandey Vs The State of Bihar