Jitendra Mallik Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

Jitendra Mallik Vs The State of Bihar — Dowry and Cruelty | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail, in the event of arrest/surrender within six weeks, on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, Dist.- Madhubani, in connection with C.R. No. 430 of 2022, subject to Section 438(2) Cr.P.C. conditions and further conditions including disclosure of the complainant's saving bank account, monthly deposit of Rs. 3,000/- maintenance therein, and liberty to the court below to cancel the bail bond on default for two consecutive months.

Issue for consideration

Whether the petitioner, husband of complainant/Opposite Party No. 2, apprehending arrest in the complaint case (C.R. No. 430 of 2022) for offences under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act, should be enlarged on bail.

Court's answer

In view of the petitioner's undertaking to pay Rs. 3,000/- (three thousand rupees) per month maintenance to complainant/Opposite Party No. 2, the petitioner was directed to be enlarged 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 S.D.J.M., Jhanjharpur, in connection with C.R. No. 430 of 2022, subject to the conditions laid down under Section 438(2) Cr.P.C.

Ratio / Principle

The grant of bail was made subject to further conditions: (A) the complainant/Opposite Party No. 2 to file an affidavit disclosing her saving bank account number for communication to the petitioner; (B) the petitioner to deposit the monthly maintenance amount in that saving bank account; (C) failure to deposit the maintenance amount for two consecutive months would entitle the court below to cancel the bail bond; and (D) the payment is subject to any order passed in matrimonial, maintenance or connected proceedings, and the order does not preclude the parties from resolving the issue otherwise.

Detailed headnote1 paragraphs

Anticipatory bail – Offences under S.498A IPC and Ss.3 & 4 Dowry Prohibition Act – Petitioner-husband apprehending arrest in complaint case (C.R. No.430 of 2022, S.D.J.M., Jhanjharpur, Madhubani) alleging matrimonial cruelty and dowry demand – On petitioner's undertaking to pay Rs.3,000/- per month maintenance to complainant-wife, enlargement on bail ordered on bail bond of Rs.10,000/- with two sureties of like amount, subject to S.438(2) Cr.P.C. and further conditions: complainant to file affidavit disclosing her saving bank account; monthly maintenance to be deposited therein; failure for two consecutive months entitles court below to cancel bail bond; payments subject to any order in matrimonial/maintenance proceedings and order does not preclude parties resolving the issue otherwise. (Prabhat Kumar Singh, J)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8789 of 2024

Arising Out of PS. Case No.-430 Year-2022 Thana- MADHUBANI COMPLAINT CASE District- Madhubani

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

JITENDRA MALLIK S/O CHHEDI MALLIK R/O VILLAGECHHARAPATTI, PS.-MARAUNA, DIST.- SUPAUL.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

KHUSBU DEVI W/O JITENDRA MALLIK, D/O MAHENDRA MALLIK VILLAGE- CHHARAPATTI, PS.- MARAUNA, DIST. SUPAUL AT PRESENT RESIDING AT VILLAGE- MAHINATHPUR, TOLE- SAMIYA, PS.- BHAIRAVSTHAN, DIST. MADHUBANI.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner : Mr. Binod Kumar Sinha, Advocate For the State : Mr. Nagendra Prasad, APP For Opposite Party No.2 : Mr. Shailendra Kr. Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

5 12-08-2024 Heard learned counsels for the parties.

The petitioner, husband of the

complainant/Opposite Party No. 2, apprehends his arrest in a complaint case registered for the offence punishable under Section 498A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

Allegation against the petitioner is of matrimonial cruelty and of demand of dowry.

Learned counsel for the petitioner submits that petitioner is ready to give maintenance amount of Rs. 3,000/(three thousand rupees) per month, starting from this month, to

Patna High Court CR. MISC. No.8789 of 2024(5) dt.12-08-2024 2/3

complainant/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. 3,000/- (three thousand rupees) per month to complainant/Opposite Party No. 2 , in the event of arrest/surrender within a period of six weeks from today, let the petitioner, above-named, 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 S.D.J.M., Jhanjharpur, Dist.- Madhubani, in connection with C.R. No. 430 of 2022, subject to condition as laid down under Section 438(2) of Cr.P.C. with further following conditions:

“(A.) Complainant/Opposite Party No. 2 would file an affidavit before the court below and bring on record her saving bank account number for its communication to the petitioner.

(B.) Petitioner would deposit the aforesaid maintenance amount per month in the saving bank account of the complainant/Opposite Party No. 2 .

(C.) In case, the petitioner fails to deposit the maintenance amount for two consecutive months, the court below would be at liberty to cancel the bail bond.

(D.) The aforementioned payment will be subject

Patna High Court CR. MISC. No.8789 of 2024(5) dt.12-08-2024 3/3

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)

shashank/-

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