Disposed

Subhash Kumar v. The State of Bihar

Patna HC25 Sept 2024CR. MISC./80821/2023

Case brief

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What is this about?

Anticipatory bail application in a dowry cruelty complaint case. The court directed release on bail on arrest or surrender within six weeks, subject to monthly payment to the wife, with liberty to seek cancellation on default and referral to mediation.

What did the court decide?

Petitioner released on anticipatory bail on arrest/surrender within six weeks on Rs.25,000 bail bond with two sureties, conditioned on paying Rs.3,000/month to opposite party no.3.

Subhash 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.80821 of 2023

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Arising Out of PS. Case No.-1525 Year-2022 Thana- NAWADAH COMPLAINT CASE District- Nawada

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

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SUBHASH KUMAR SON OF LATE SHARWAN KUMAR RESIDENT OF VILLAGE- SAMACHAK, PS- BARBIGHA, DIST- SHEIKHPURA

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... ... Petitioner/s

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Versus

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The State of Bihar

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RANI BARNWAL WIFE OF PAPPU BARNWAL RESIDENT OF VILLAGE- STATION ROAD BEHIND THE RAJ SHREE HOTEL, PSTOWN, DISTT- NAWADA

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Smriti Barnwal @ Rupsi Barnwal Wife of Subhash Kumar, D/o Pappu Barnwal RESIDENT OF VILLAGE- STATION ROAD BEHIND THE RAJ SHREE HOTEL, PS- TOWN, DISTT- NAWADA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr. Mrigendra Kumar, Advocate For the O.P. No.2 & 3 : Mr. Anil Kumar Singh, Advocate For the State : Mr. Jitendra Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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7 25-09-2024 Heard learned counsel for the parties.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498 A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Petitioner, who is husband of opposite party no2., is said to have ousted the opposite party no.3 from her matrimonial home in association of his family members over the dowry demand.

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It is submitted by learned counsel for the

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Patna High Court CR. MISC. No.80821 of 2023(7) dt.25-09-2024 2/3

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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. He is still ready to keep her with full honour and dignity. 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 .

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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.1525 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.,

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Petitioner is ready to pay Rs.3,000.00 (Rupees Three Thousand) per month to opposite party no.3 in the second week of every month. If the petitioner fails to pay the aforesaid amount on two consecutive months, opposite party no.3 shall be at liberty to move before the learned Court below for cancelling

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Patna High Court CR. MISC. No.80821 of 2023(7) dt.25-09-2024 3/3

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the bail bond of the petitioner.

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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.

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Learned counsel for the opposite party no.3 is directed to make available the bank account details of opposite party no.3 in the learned Court below.

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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.

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Accordingly, this application stands disposed of.

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(Anjani Kumar Sharan, J)

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Trivedi/-

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U T

Subhash Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Subhash Kumar v. The State of Bihar

Case brief

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What did the court decide?

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