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

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

What the court decided

AI extract

Outcome

Conditional enlargement of the petitioner on bail in the event of arrest/surrender within six weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned SDJM, Rohtas (Sasaram), in connection with Complaint Case No. 1160 of 2022, subject to section 438(2) CrPC conditions and four special maintenance-linked conditions (affidavit disclosure of opposite party No. 2's savings account; monthly deposit of Rs. 3,000/- maintenance therein; cancellation of the bail bond on default for two consecutive months; payments subject to orders in matrimonial/maintenance proceedings).

Issue for consideration

Whether the petitioner, husband of opposite party No. 2, who apprehends arrest in Complaint Case No. 1160 of 2022 registered for offences under Section 498A IPC and Sections 3/4 of the D. P Act, may be enlarged on conditional bail (subject to section 438(2) CrPC conditions) in the event of arrest/surrender.

Court's answer

In view of the petitioner's undertaking to pay maintenance of Rs. 3000/- per month to opposite party No. 2, in the event of arrest/surrender within six weeks the petitioner is to be 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 SDJM, Rohtas (Sasaram), in connection with Complaint Case No. 1160 of 2022, subject to the conditions under section 438(2) of the Code of Criminal Procedure and the additional special conditions below.

Ratio / Principle

Special condition (1): opposite party No. 2 is to file an affidavit before the court below bringing on record her savings bank account number, for communication to the petitioner.

Key takeaways

Special condition (2): the petitioner is to deposit the stipulated monthly maintenance amount in the savings bank account of opposite party No. 2.ratio¶¶21
Special condition (3): 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
Special condition (4): the maintenance payments are subject to any order passed in matrimonial, maintenance or connected proceedings, and the present order in no way precludes the parties from resolving the issue otherwise.

Detailed headnote1 paragraphs

Anticipatory/conditional bail granted (oral order, 27-08-2024) — Husband-petitioner apprehending arrest in Complaint Case No. 1160 of 2022, Rohtas, for offences under Section 498A IPC and Sections 3/4 of the D. P Act — Earlier referral to Mediation Center failed (Mediator's Report dated 19.08.2024) — On the petitioner's undertaking to pay Rs. 3,000/- per month maintenance to his wife (opposite party No. 2), he is to be enlarged on bail, in the event of arrest/surrender within six weeks, on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned SDJM, Rohtas (Sasaram), subject to section 438(2) CrPC conditions and special conditions: (i) wife to file affidavit disclosing her savings bank account number; (ii) petitioner to deposit the monthly 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, without precluding other resolution of the dispute. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.86553 of 2023

Arising Out of PS. Case No.-1160 Year-2022 Thana- ROHTAS COMPLAINT CASE District- Rohtas

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

BIRJU KUMAR GUPTA SON OF SHANKAR SAH R/O VILLAGEKARGAHAR, P.S.- KARGAHAR, DIST- ROHTAS AT SASARAM

... ... Petitioner/s

Versus

The State of Bihar

SANDHAYA KUMARI @ SANDHAYA DEVI WIFE OF BIRJU KUMAR GUPTA R/O VILLAGE- KARGAHAR, P.S.- KARGAHAR, DIST.ROHTAS AT SASARAM, PRESENT RESIDING AT SANDHAYA KUMARI @ SANDHAYA DEVI, D/O- YUGESHWAR SAH , R/O VILLAGE AND P.O.- AALMPUR, P.S.- SHIVSAGAR, (BADDI), DIST.ROHTAS AT SASARAM

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Chhotelal Mishra, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari , APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 27-08-2024 Heard learned counsel for the parties.

The petitioner who is husband of opposite party

No. 2 apprehends arrest in a case registered for the offences punishable under Sections Section 498A of the Indian Penal Code and 3/ 4 of the D. P Act.

Earlier, the matter was referred to the Mediation Center to resolve the dispute between the parties but from the Mediator’s Report dated 19.08.2024 , it appears that the mediation between the parties has failed.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.86553 of 2023(5) dt.27-08-2024 2/3

petitioner offers and undertakes that he is ready to give maintenance amount of Rs. 3000/- per month, starting from this 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. 3000/- (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 SDJM. Rohtas ( Sasaram ) in connection with Complaint Case No. 1160 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

Patna High Court CR. MISC. No.86553 of 2023(5) dt.27-08-2024 3/3

below would be at liberty to cancel the bail-bond.

(4) The aforementioned payment will be subject to

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)

Koushik/-

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