Prashant Rai @ Prashant Ram @ Sonu Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

Prashant Rai @ Prashant Ram @ Sonu Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on arrest or surrender within six weeks on furnishing bail bond of Rs.25,000/- with two like sureties to the satisfaction of the learned SDJM, Begusarai, subject to Section 438(2) Cr.P.C. conditions, conditional monthly payment of Rs.3,000/- to opposite party no. 2 (with automatic cancellation of bail bond on three consecutive defaults), and liberty to either party to seek reference to the District Mediation Center.

Issue for consideration

Whether the petitioner, who apprehends arrest in Complaint Case No. 1199(C)/2019 registered under Sections 323, 324, 504, 379, 307, 498(A), 406/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act (cognizance taken under Section 498(A) IPC and Section 3/4 of the Dowry Prohibition Act), should be released on anticipatory bail.

Court's answer

The petitioner is to be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned SDJM, Begusarai (where Complaint Case No. 1199(C)/2019 is pending), subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

As a condition of anticipatory bail, the petitioner is to pay Rs.3,000/- (Rupees Three Thousand) per month to opposite party no. 2 in the first week of every month; such payment is subject to any order passed in the matrimonial maintenance case or any other collateral proceeding.

Key takeaways

If the petitioner fails to pay the aforesaid amount on three consecutive dates to opposite party no. 2, his bail bond shall automatically be cancelled.ratio¶20
Either of the parties is at liberty to apply before the learned Court below for referring the matter to the District Mediation Center for reconciliation or one-time settlement.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail — Husband seeking pre-arrest bail in Complaint Case No. 1199(C)/2019 (Begusarai) under Sections 323, 324, 504, 379, 307, 498(A), 406/34 IPC and Section 3/4 of the Dowry Prohibition Act, cognizance having been confined to Section 498(A) IPC and Section 3/4 of the Dowry Prohibition Act — Held, petitioner (husband of opposite party no. 2) to be released on anticipatory bail under Section 438(2) Cr.P.C. if arrested or surrendered within six weeks, on bail bond of Rs.25,000/- with two like sureties before the learned SDJM, Begusarai — Conditional direction to pay Rs.3,000/- per month to opposite party no. 2 in the first week of every month, such payment subject to any order in matrimonial maintenance or collateral proceedings, failing which on three consecutive dates the bail bond shall stand automatically cancelled — Either party at liberty to move the court below for reference to the District Mediation Center for reconciliation or one-time settlement — Precedent noticed: Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. v. The State of Bihar, 2006 (3) PLJR 182 (relied on by the petitioner) — Application disposed of. (Anjani Kumar Sharan, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67158 of 2023

Arising Out of PS. Case No.-1199 Year-2019 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai

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

PRASHANT RAI @ PRASHANT RAM @ SONU son of Ganesh Ram village- Jai Prakash Nagar Arsande Ps- Kanke Dist- Ranchi

... ... Petitioner/s

Versus

The State of Bihar

Kalpana Anand wife of Prashant Rai @ Prashant Ram @ Sonu village- Jai Prakash Nagar Arsande Ps- Kanke Dist- Ranchi

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Kumar Rajdeep, Ms. Diksha Kumari, Advocates. For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

ORAL ORDER

4 09-04-2024 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection

with Complaint Case No. 1199 ©/2019 registered for the offences punishable under Sections 323, 324, 504, 379, 307, 498(A), 406/34 of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act in which cognizance has been taken under Section 498(A) of the Indian Penal Code and Section ¾ of the Dowry Prohibition Act.

Petitioner, who is husband of opposite party no 2., is said to have ousted the opposite party no.2 from her matrimonial home in association of his family members over the

Patna High Court CR. MISC. No.67158 of 2023(4) dt.09-04-2024 2/3

dowry demand.

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 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 .

However, the petitioner is ready to give Rs.3,000/(Rupees Three Thousand) per month to opposite party no. 2 in the first week of every month. It goes without saying that the aforesaid payment shall be subject to any order passed in matrimonial maintenance case or any other collateral proceeding. If the petitioner fails to give the aforesaid amount on three consecutive dates to opposite party no.2, his bail bond shall automatically be cancelled.

Learned counsel for the opposite party no. 2, under instruction, submits that opposite party no.2 undertakes to provide her bank account details to the petitioner within a period of two weeks by submitting the same on affidavit before the learned court below.

Patna High Court CR. MISC. No.67158 of 2023(4) dt.09-04-2024 3/3

In that view of the matter, let the above named petitioner, be released on anticipatory 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 SDJM, Begusarai where the case is pending/successor Court in connection with Complaint Case No. 1199 ©/2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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.

Accordingly, this application stands disposed of.

(Anjani Kumar Sharan, J)

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