Allowed

Manoj Prabhakar v. the State of Bihar

Patna HC6 Aug 2024CR. MISC./8954/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a husband facing a complaint under Section 498-A IPC and Section 4 of the Dowry Prohibition Act alleging matrimonial discord and dowry demand. The court noted he was already paying Rs. 9,000 monthly maintenance as directed by the Family Court, allowed the bail application, and granted bail on specified conditions.

What did the court decide?

Anticipatory bail granted: enlargement on furnishing Rs. 10,000 bond with two sureties, subject to Section 438(2) CrPC conditions.

Manoj Prabhakar 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.8954 of 2024

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Arising Out of PS. Case No.-1323 Year-2016 Thana- PATNA COMPLAINT CASE DistrictPatna

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====================================================== MANOJ PRABHAKAR SON OF SITA RAM PANDIT RESIDENT OF VILLAGE - WARD NO.20, GULZAR BAG, P.S. - MADHEPURA, DISTRICT - MADHEPURA

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR

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JYOTI KIRAN KUMARI WIFE OF MANOJ PRABHAKAR RESIDENT OF VILLAGE - WARD NO.20, GULZARBAG, P.S. - MADHEPURA, DISTRICT - MADHEPURA, AND ALSO PRESENT RESIDENT - JYOTI KIRAN KUMARI, D/O. ARUN KUMAR, VILLAGE - HAJARI MUHALA, P.S. - MEHADIGANJ, DISTRICT PATNA AND ALSO PRESENT - SARISTABAD TOLA, P.S. - GARDANIBAG, DISTRICT - PATNA

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner : Mr.Arvind Kumar For the State : Mr.Gauri Shankar Gupta For the O.P.2 : None ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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6 06-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State. Despite valid service of notice, nobody appears on behalf of opposite party no. 2.

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The petitioner, husband of the opposite party no. 2, apprehends his arrest in a complaint case punishable for the offence punishable under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

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Allegation against this petitioner is of matrimonial

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discord and demand of dowry.

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Patna High Court CR. MISC. No.8954 of 2024(6) dt.06-08-2024 2/3

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Learned counsel for the petitioner, while denying the allegations made in the complaint petition, submits that petitioner has been falsely implicated in this case merely because he happens to be husband of the opposite party no. 2. However, he is ready to keep the opposite party no. 2 with honour and dignity. He further submits that petitioner has also filed a case i.e. Matrimonial Case No. 1169 of 2018 under Section 9 of the Hindu Marriage Act in the court of learned Principal Judge, Family Court, Patna for restitution of conjugal rights and pursuant to order of the learned Family Court, Patna, the petitioner is already paying maintenance of Rs. 9,000/(Nine thousand) per month to the opposite party no. 2 (Annexure P-2 to the supplementary affidavit) and undertakes to pay the same regularly.

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Considering the fact that petitioner is already paying Rs. 9,000/- (Nine thousand) per month to the opposite party no. 2, as maintenance, and he undertakes to pay the same regularly, the anticipatory bail petition of petitioner is allowed.

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In the event of arrest or surrender within six weeks from today, let this petitioner, as named above, 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 the

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Patna High Court CR. MISC. No.8954 of 2024(6) dt.06-08-2024 3/3

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learned Sub-Divisional Judicial Magistrate, Patna in connection with Complaint Case No. 1323-C of 2016, subject to the conditions, 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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anay/-

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U T

Manoj Prabhakar v. the State of Bihar

Case brief

What is this about?

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Manoj Prabhakar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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