Allowed

Devendra Kumar @ Dewendra Kumar v. The State of Bihar

Patna HC11 Jul 2024CR. MISC./76475/2023

Case brief

AI extract

What is this about?

Anticipatory bail application by a husband apprehending arrest in a complaint case alleging dowry demand and cruelty. Considering that the petitioner was paying maintenance and had clean antecedents, the court allowed anticipatory bail subject to Section 438(2) CrPC conditions.

What did the court decide?

Anticipatory bail: on arrest/surrender within six weeks, petitioner to be released on Rs.10,000 bail bond with two like sureties, subject to Section 438(2) CrPC conditions.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.76475 of 2023

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Arising Out of PS. Case No.-325 Year-2019 Thana- NAWADAH COMPLAINT CASE District- Nawada

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

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DEVENDRA KUMAR @ DEWENDRA KUMAR SON OF BADHO RAM RESIDENT OF VILLAGE- KASIYADIH, PS- SIRDALA, DIST- NAWADA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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SHARDA KUMARI WIFE OF DEVENDRA KUMAR @ DEWENDRA KUMAR RESIDENT OF VILLAGE- KASIYADIH, PS- SIRDALA, DISTNAWADA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Vinod Kumar, Advocate For the State : Mr. Raj Ballabh Singh, APP For Opposite Party No.2 : Mr. Sheo Kumar Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 11-07-2024

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Heard learned counsels for the parties.

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The petitioner apprehends his arrest in a complaint case registered for the offence punishable under Sections 323, 494, 498A, 379, 363A, 364A and 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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As per prosecution case, the complainant got married to this petitioner on 24.06.2012 as per Hindu rites and rituals but after some time, all the accused persons started demanding dowry and due to non-fulfillment of the demand, all the named accused persons, including this petitioner, tortured and harassed the complainant.

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Patna High Court CR. MISC. No.76475 of 2023(5) dt.11-07-2024 2/3

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It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is husband of the complainant/Opposite Party No. 2 and is looking after his two children. It is submitted that vide order dated 14.03.2023 passed by the Court of learned Principal Judge Family Court, Nawada, in Maintenance Case No. 128 of 2018, this petitioner was directed to pay maintenance of Rs. 4,000/- to the complainant/Opposite Party No. 2. It is further submitted that the petitioner has already deposited the maintenance amount of eight months and undertakes to pay rest of the amount in some installments and thereafter, will pay the monthly maintenance amount regularly. Petitioner claims clean antecedents.

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Learned A.P.P. for the State and learned counsel for the complainant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

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Considering the aforesaid facts and circumstances, the prayer for grant of anticipatory bail to the petitioner is allowed.

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Accordingly, 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

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Patna High Court CR. MISC. No.76475 of 2023(5) dt.11-07-2024 3/3

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satisfaction of learned C.J.M., Nawada, in connection with Complaint Case No. 325 of 2019, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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shashank/-

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U T

Devendra Kumar @ Dewendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Devendra Kumar @ Dewendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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